Achmea, EU Law, German Federal Constitutional Court, International Investment Arbitration, International Investment Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, ISDS
End of the Road: German Constitutional Court Closes Achmea Chapter
On March 6, 2018, the Court of Justice of the European Union (“CJEU”) delivered its (in)famous Achmea judgment (Case C-284/16), which subsequently became synonymous with the demise of investor-state arbitration in bilateral investment treaties between Member States of the European Union (“intra-EU BITs”). In this decision, the CJEU concluded that investor-state arbitration clauses in intra-EU…