The Achmea case and the EU Law of Unintended Consequences

This EU Energy Law and Investment Arbitration Conference will dive in deeper into the Achmea case to explore the judgment’s impact on investment and dispute settlement in the EU energy sector.

Achmea made Impossible All Forms of Intra-EU Arbitration with Member State Involvement?

In collaboration with the Dechert LLP and the HEC, the Energy Union Law Area of the FSR is organising a conference which will consider the major issues surrounding the recent ruling by the Court of Justice of the EU (CJEU) in the Achmea case. The ruling of Case C-284/16, Slovak republic v. Achmea BV, delivered on 6 March, determined that investor-state arbitration clauses in Bilateral Investment Treaties (BITs) concluded between EU Member States are incompatible with EU law, creating far-reaching consequences.

In the conference, we will explore the impact of the case across three issues:

• The implications of Achmea for investor-state dispute settlements under BITs concluded by EU Member States.
• The implications of Achmea for investor-state dispute settlements under other types of international agreements, such as the Energy Charter Treaty and intergovernmental and host government agreements often entered into by EU Member States with respect to large energy infrastructure projects (gas pipelines, LNG terminals, etc.)
• The forms of legal recourse available to EU investors in the future, in light of the Achmea ruling and the CJEU’s future CETA Opinion.

Who will attend?

The audience will be composed of senior officials of the European Commission, the Council Legal Service and the CJEU, current and acceding EU Member State representatives, General Counsel of energy and other companies engaged in foreign direct investment, international investment arbitration practitioners, Academics.

Please note that there are limited places available. There is no charge for participation in the workshop.