Implications for the resolution of investor-State disputes following the judgment of the Achmea case

Authors

  • Pablo Nilo Donoso UDP

Abstract

In March 2018 the Court of Justice of the European Union (CJEU) ruled that the arbitration clauses for the settlement of disputes between investors and states, which had been established in bilateral investment treaties signed between member countries of the Union, were contrary to European law. This paper intends to present some of the repercussions that this decision could have on international investment law.

Keywords:

Investor-State Dispute Settlement (ISDS), European Court of Justice, International Investment Law, Preliminary Ruling, Autonomy