The game-changing judgement of the CJEU. What is to happen next with investment protection?

The CJEU judgement issued in the much-discussed C-284/16 Slovak Republic vs. Achmea case has every chance of becoming a game changer in the field of investment protection regime within the EU.

The CJEU was to decide whether the arbitration clauses provided for in the intra-EU Bilateral Investment Treaties (BITs), under which a foreign investor may have recourse to arbitration proceedings against a host Member State, are compatible with the EU law. Such compatibility has been repudiated by the Court.

In an article published on Kluwer Arbitration Blog legal counsel Maciej Kuropatwiński comments on the resounding judgement, seeking answers to the question regarding the future of investment protection within the EU.

The article is available here.