Analysis

Nixing Treaties May Not Quell Intra-EU Arbitration

Law360 (May 12, 2020, 5:17 PM EDT) -- An agreement terminating intra-European Union bilateral investment treaties and their sunset clauses has left aggrieved EU investors on unsteady legal ground, but it's not at all clear whether the pact has sounded the death knell for intra-EU investment treaty arbitration altogether.

The agreement, which was signed May 5 but must still be ratified, terminates every bilateral investment treaty between the 23 signatory states along with their sunset clauses, which typically extend the protections of the treaty for a period even after its termination. The agreement was not signed by Austria, Finland or Sweden, meaning that those countries' intra-EU bilateral investment treaties...

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