Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 99-108 | Article | (Table of Contents) I. Introduction: the Achmea judgment. - II. The European Commission's assessment and the EU Member States' position. - III. Potential consequences for existing BITs, C...
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| Format: | Article |
| Language: | English |
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European Papers (www.europeanpapers.eu)
2019-06-01
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| Series: | European Papers |
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| Online Access: | https://www.europeanpapers.eu/en/e-journal/achmea-consequences-on-applicable-law-and-isds-clauses-in-extra-eu-bits |
| _version_ | 1819051640976572416 |
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| author | Quentin Declève |
| author_facet | Quentin Declève |
| author_sort | Quentin Declève |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 99-108 | Article | (Table of Contents) I. Introduction: the Achmea judgment. - II. The European Commission's assessment and the EU Member States' position. - III. Potential consequences for existing BITs, CETA and future trade and investment agreements. - III.1. Various forms of applicable law clauses. - III.2. Extra-EU BITs which are silent on the applicable law in investment disputes, and Extra-EU BITs whose applicable law clause contains a reference to the domestic law of the host State. - III.3. Extra-EU BITs whose applicable law clause provides for the application and interpretation of international law. - III.4. Extra-EU BITs whose applicable law clause provides for the sole application and interpretation of the provisions contained in the BIT. - IV. Conclusion. | (Abstract) In its judgment in Achmea (judgment of 6 March 2018, case C-284/16 [GC]), the Court of Justice ruled that an investor-State arbitration clause in a bilateral investment treaty concluded between two EU Member States was contrary to the principle of the autonomy of the EU legal order. In this Article, I suggest that the Achmea judgment could have implications for the validity, not only of ISDS clauses in intra-EU BITs, but also of ISDS and applicable law clauses in BITs and other agreements concluded by the EU (or its Member States) with third States. |
| first_indexed | 2024-12-21T12:07:10Z |
| format | Article |
| id | doaj.art-6f206db29b514d47991a48d6c3b2e5da |
| institution | Directory Open Access Journal |
| issn | 2499-8249 |
| language | English |
| last_indexed | 2024-12-21T12:07:10Z |
| publishDate | 2019-06-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj.art-6f206db29b514d47991a48d6c3b2e5da2022-12-21T19:04:40ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492019-06-012019 419910810.15166/2499-8249/282Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment AgreementsQuentin Declève0Van Bael Bellis law firm(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 99-108 | Article | (Table of Contents) I. Introduction: the Achmea judgment. - II. The European Commission's assessment and the EU Member States' position. - III. Potential consequences for existing BITs, CETA and future trade and investment agreements. - III.1. Various forms of applicable law clauses. - III.2. Extra-EU BITs which are silent on the applicable law in investment disputes, and Extra-EU BITs whose applicable law clause contains a reference to the domestic law of the host State. - III.3. Extra-EU BITs whose applicable law clause provides for the application and interpretation of international law. - III.4. Extra-EU BITs whose applicable law clause provides for the sole application and interpretation of the provisions contained in the BIT. - IV. Conclusion. | (Abstract) In its judgment in Achmea (judgment of 6 March 2018, case C-284/16 [GC]), the Court of Justice ruled that an investor-State arbitration clause in a bilateral investment treaty concluded between two EU Member States was contrary to the principle of the autonomy of the EU legal order. In this Article, I suggest that the Achmea judgment could have implications for the validity, not only of ISDS clauses in intra-EU BITs, but also of ISDS and applicable law clauses in BITs and other agreements concluded by the EU (or its Member States) with third States.https://www.europeanpapers.eu/en/e-journal/achmea-consequences-on-applicable-law-and-isds-clauses-in-extra-eu-bitsintra-eu arbitrationinvestment lawinvestor-state dispute settlementautonomy of eu lawextra-eu bitceta |
| spellingShingle | Quentin Declève Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements European Papers intra-eu arbitration investment law investor-state dispute settlement autonomy of eu law extra-eu bit ceta |
| title | Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements |
| title_full | Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements |
| title_fullStr | Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements |
| title_full_unstemmed | Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements |
| title_short | Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements |
| title_sort | achmea consequences on applicable law and isds clauses in extra eu bits and future eu trade and investment agreements |
| topic | intra-eu arbitration investment law investor-state dispute settlement autonomy of eu law extra-eu bit ceta |
| url | https://www.europeanpapers.eu/en/e-journal/achmea-consequences-on-applicable-law-and-isds-clauses-in-extra-eu-bits |
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