Has Achmea made Impossible All Forms of Intra-EU Arbitration with Member State Involvement?
Workshop at HEC, Paris
In collaboration with Dechert LLP and the HEC in Paris, this workshop from the Energy Union Law Area will examine the recent ruling from the European Court of Justice in the Achmea case, exploring the potentially far-reaching implications of the ruling. The ruling of Case C-284/16, Slovak Republik v. Achema BV, delivered on 6 March treats the much debated issue of the (in)compatibility of intra-EU investment treaties (BITs) with the EU law. In turn, the ruling has opened up several other questions and points of contention.
In this workshop, we will tackle three key major themes surrounding the ruling. We will consider whether the reasoning behind the Achmea ruling may apply to future intra-EU Energy Charter Treaty arbitration, we will examine the impact of the ruling on intergovernmental agreements and host government agreements, and assess the position of acceding countries in this new context.