Intra -European Union investor–State arbitration post- Achmea : RIP? An assessment in the aftermath of the Court of Justice of the European Union,Case C-284/16,Achmea,Judgment of 6 March 2018,EU:C:2018:158

Abstract

In its judgment in Case C-284/16 Achmea, the Court of Justice of the European Union declared the investor–State dispute settlement provisions included in intra-European Union Bilateral Investment Treaties incompatible with European Union law. The court based its finding on the adverse effect on the autonomy of European Union law, while avoiding a discussion of other grounds of potential incompatibilities (such as compatibility with the principle of discrimination or substantive incompatibilities). This article presents the judgment of the court and provides an account of its implications for the future of intra-European Union investment arbitration.