Analysis

Tribunal's Decision On Intra-EU Pacts Could Start Trend

By Caroline Simson (June 23, 2022, 9:07 PM EDT) -- An investor-state tribunal has held for the first time that arbitration between EU member states and the bloc's investors cannot proceed because an underlying arbitration clause violates EU law, and while the issue remains controversial, some experts believe other tribunals could soon follow suit.

A Stockholm Chamber of Commerce tribunal on June 16 dismissed a claim brought by a pair of Danish renewable energy investors against Spain over revoked economic incentives, pointing to three recent decisions issued by Europe's highest court finding that arbitration clauses in treaties between member states, as well as in contracts between member states and investors, are barred...

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