The Achmea decision : an additional step in the construction of a set of international dispute resolution mechanisms?

06/07/2018 - Articles and publications

In an article published in the Revue de droit affaires internationalesVanessa Thieffry analyzed the CJEU’s decision in the Achmea case, which marks an important step in the construction of dispute resolution law within the European Union: on one hand the Court rules for the first time on the compatibility of intra-EU BITs with the Union’s law and, on the other part, the Court marks a clear distinction between commercial arbitration and investment arbitration, recognizing the first as an incontestable mode of commercial dispute resolution and invalidating the second within the EU for reasons touching on the very specificities of arbitration.

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