ECJ prohibits ad hoc ISDS agreement

Cosmo Sanderson and Sebastian Perry

26 October 2021

Credit: Shutterstock/nitpicker

The European Court of Justice has ruled that EU member states are prohibited from entering into ad hoc arbitration agreements identical to those in intra-EU BITs – suggesting that contract-based investor-state dispute settlement is unlikely to escape the impact of Achmea.

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Cosmo Sanderson

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Sebastian Perry