La strategia di opposizione dell'Unione Europea all'arbitrato internazionale degli investimenti derivante da TBI intraunionali

The EU opposition strategy against international investment arbitration deriving from Intra-EU BITs

Abstract

The aim of this article is to analyze in a critical manner the reasons underlying the European institutions strategy of opposition to intra-EU Investor-State Arbitration based on intra-EU BITs. The interventions of the European Commission and the recent CJEU’s Achmea ruling have established the incompatibility of intra-EU investment arbitration with EU law. However, these directives of the European institutions, which have left many questions unresolved and have not clearly defined the post-Achmea scenario, have not been uniformly implemented by Member States, national courts and arbitral tribunals.

Keywords: Intra-EU Investor-State Arbitration; Intra-EU BITs; Achmea judgment; AG Wathelet Opinion in Case c-284/16; Incompatibility of intra-EU Investor-State Arbitration and EU law.