Nikos Lavranos
September 28, 2020

Quo vadis investment protection within the EU?

“Assuming that in the near future all 23 EU member states will ratify the termination agreement, most intra-EU BITs will indeed be gone. The question of whether it is legally acceptable to also declare the sunset clauses contained in those intra-EU BITs moot and inapplicable for investments already made will unquestionably be addressed by arbitral tribunals in due course.

In any event, the working hypothesis of the EU and its member states is that from now on, investment arbitration disputes between European investors and EU member states is something of the past. Instead, European investors can only rely on domestic law and domestic courts of the EU member states, as well as EU law and potentially the CJEU in order to enforce their rights.”

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