Mediaboss Marketing

19 January 2022

Duane Morris LLP

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In theAchmeacase the Court of Justice ofthe European Union (ECJ) held that Article 8 ofthe Netherlands Slovakia bilateral investment treaty, whichallowed for the resolution of disputes by way of arbitration, wasincompatible with EU law. The rationale for the decision was that atribunal may have to interpret or apply EU law and where a questionof law arose, unlike a Member State court, that question of lawcould not be referred to the ECJ. In other words, intra-EUbilateral investment treaty arbitration provisions, as reasoned bythe ECJ, deprived the EU courts of jurisdiction in respect of theinterpretation of EU law.

We raised the prospect that the ramifications from the decisionwere potentially far reaching and were not, it seemed, confined tothe BIT between Netherlands and Slovakia.

To read the full text of this post by Duane MorrisattorneysVijay BangeandMatthew Friedlander,pleasevisit theDuane MorrisLondon Blog.

Disclaimer: This Alert has beenprepared and published for informational purposes only and is notoffered, nor should be construed, as legal advice. For moreinformation, please see the firm's full disclaimer.

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