Prihodnost mednarodne investicijske arbitraže v Evropski uniji in njenih članicah

slovenian

2020

volume 46, issue 1

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The judgement of the Court of Justice of the European Union (CJEU) in the case of Achmea rocked the foundations of international investment arbitration in the European Union. After a critical analysis of the decision in the case of Achmea, the article focuses on how international investment tribunals dealt with this decision, especially in proceedings based on the Energy Charter Treaty and in proceedings under the auspices of the International Centre for the Settlement of Investment Disputes. The article showcases important legal differences between the case of Achmea and other cases based on multilateral investment treaties with at least one non-EU state party (a so-called extra-EU element) through recent arbitral awards. It highlights the (lack of) effects of the Achmea judgement in, as seen from a dualistic prism, different legal spheres of public international law and the law of EU member states. The article presents differing responses of EU member states to the Achmea judgement through multiple declarations issued by them and their possible effects. It also provides a critical analysis of the CJEU Opinion 1/17 about the compatibility of CETA with the EU legal order and its impact on the future of international investment arbitration.

08.06.2020