Recently, in a decision issued by the Court of Justice of the European Union, in the case of Slovak Republic v. Achmea, intra-EU bilateral investment treaties’ (“BIT”) arbitration clauses were declared to be in violation of governing European Union (“EU”) law and therefore illegal. The court stated “that the arbitration clause in the BIT [between Slovakia and the…
Tag: Bilateral Investment Treaty
India-Brazil BIT: A Step in the Right Direction
On January 26, 2020, Brazilian President Jair Bolsonaro was the chief guest during India’s 71st Republic Day Parade. Later that week a strategic partnership was formed between the countries as India signed a bilateral investment treaty (BIT) with Brazil to further develop relations between the two states on both a cultural and commercial level. Recently,…
The Achmea Judgment and its Repercussions
On January 15, 2019, a group of distinguished arbitrators, practitioners, and academics got together at American University Washington College of Law to discuss the most important decisions involving States in 2018. While the event consisted of two panels — one on disputes between States and the other on investor-State disputes — there was a decision…
The Arbitration Brief 