Quentin Declève authors article on the consequences of the Court of Justice's judgment in Achmea
In its judgment in Achmea, the Court of Justice of the European Union ruled that an investor-State arbitration (ISDS) clause in a bilateral investment treaty (BIT) concluded between two EU Member States is contrary to the principle of the autonomy of the EU legal order (judgment of 6 March 2018, Case C-284/16).
In his article, Van Bael & Bellis associate Quentin Declève suggests 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 countries.
The article was published (on-line) in the European Papers and is part of a forthcoming issue dedicated to the Achmea judgment. It is accessible here.