Article: Intra-EU BITs and Achmea: On a Collision Course With Strasbourg?

The lecture discussed whether an European Union (‘EU’) Member State’s national court’s refusal to recognize and/or enforce a valid claim in the form of a final intra-EU arbitration award on the basis of the Court of Justice of the EU’s (CJEU’s) decision in Slowakische Republik v. Achmea BV and its progeny may infringe the right to the peaceful enjoyment of possessions, guaranteed by Article 1 of Protocol No. 1 of the European Convention Human Rights (ECHR). It sets out the legal analysis that the European Court of Human Rights might apply in assessing that issue, and the interaction between EU Member States’ obligations under the ECHR, EU law and the Convention on the Settlement of Investment Disputes between states and Nationals of Other States.