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Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

Event details

23 Member States of the European Union signed on 5 May 2020 agreement for the termination of intra-EU bilateral investment treaties. This agreement implements the 2018 judgment of the European Court of Justice, in which the Court found that intra-EU BITs violate the EU Treaties.

The termination agreement implements the March 2018 European Court of Justice judgment in Achmea case, where the Court found that investor-State arbitration clauses in intra-EU bilateral investment treaties ("intra-EU BITs") are incompatible with the EU Treaties.

On 1 June 2020, the Investment Treaty Forum convened an online meeting to discuss implications of this agreement on existing and future disputes within the European Union as well as its potential implications for global system of investor-state dispute settlement.

The event gathered members of the Investment Treaty Forum, representatives of states, practitioners, academics and others interested in the effect of termination of intra-EU BITs.

The issues covered included the effect of the agreement on sunset clauses, legitimate expectations of investors, mitigation measures which governments and investors can take to address the impact of the termination of intra-EU BITs. We will also discuss how investors could respond to the agreement, for example by engaging in corporate restructuring or opting for other dispute resolution methods.

In this interactive webinar, approximately one half of the time was devoted to questions from the audience.

Confirmed speakers include:

  • Ms. Anna Bilanova, Ministry of Finance of the Czech Republic
  • Mr. Charles Claypoole, Latham & Watkins
  • Prof. Matthew Happold, University of Luxembourg
  • Prof. Yarik Kryvoi, British Institute of International and Comparative law
  • Ms. Anne-Françoise Melot, European Commission

   
Event recording

This recording includes the presentations of the speakers, but not the discussion. There is a fee of £15 for the recording, it can be purchased using the link below.

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