Adviser Says Intra-EU Arbitral Awards Must Be Reviewable

Law360 (April 22, 2021, 7:33 PM EDT) -- A legal adviser for Europe's highest court has concluded that the bloc's law does not preclude member states from reaching individual arbitration agreements with EU investors so long as the resulting arbitral awards can be reviewed by an EU court for compatibility with EU law.

Answering a question posed to the European Court of Justice by Sweden's Supreme Court, Advocate General Juliane Kokott proposed the court rule that under its seminal decision in the Achmea case — in which the judges found that arbitration provisions in intra-EU bilateral investment treaties are invalid under EU law — individual investment agreements between EU...

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