…remains to be seen how tribunals will handle cases of a threats of expropriation. Of particular interest will be the decision in the pending dispute between Achmea v. Slovak Republic…

…the CJEU’s Achmea judgment, EU investors cannot invoke the ECT against Member States anymore. Moreover, the Member States proclaimed that arbitral tribunals have lost their jurisdiction to hear intra-EU ECT…

…commercial arbitration. The discussions from Europe on the proposal to create a Multilateral Investment Court, or the possible ban of arbitrations based on intra-European bilateral investment treaties –following the Achmea

…to mediation—have been recorded by ICSID. Even rarer are instances of tribunals encouraging parties to try mediation (see, e.g., Achmea v. Slovakia). In recent years, there have been extensive discussions…

…(now, Achmea BV v. the Slovak Republic), the European Commission stated that Eventually, all intra-EU BITs will have to be terminated. Commission services intend to contact all Member States again,…

…in light of well-known developments in Europe pertaining to investor-state arbitration,16) See, e.g., Laurens Ankersmit, “Achmea: the Beginning of the End for INVESTOR-STATE ARBITRATION in and with Europe?”, Investment Treaty…

Achmea case. Pioneer steps have already been taken in several BITs towards the creation of permanent investment bodies with notably, Chapter 8, Section F of the EU-Canada Comprehensive Economic and…

…arbitration. The initial investment dispute arose between the Dutch insurance company Achmea, the claimant, and the Slovak Republic, the applicant. The claimant invested in the applicant’s health insurance sector after…