…Law of Treaties (“VCLT”). Moreover, the mass culling of the intra-EU BITs, along with their sunset clauses, cleans the slate and aligns intra-EU BIT practice for the majority of EU

…2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The road the EU has taken…

…protect investors post-termination of BITs. It is, of course, only the ISDS (investor-state dispute settlement) mechanisms of intra-EU BITs that are potentially affected by the CJEU’s decision. The substantive protections…