Arbitration clauses in intra-EU BITs are not compatible with EU law: a momentous decision by the European Court of Justice

The ruling of the European Court of Justice regarding the arbitration clause in the Netherlands-Slovak Republic BIT will change the European investor-state arbitration landscape. The Court stated that the arbitration clause is incompatible with EU law. This ruling, which did not adopt the Opinion of the Advocate General, casts doubt on the viability of arbitration provisions in approximately 200 intra-EU BITs.

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