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18 Law & Prac. Int'l Cts. & Tribunals 3 (2019-2020)

handle is hein.journals/lpict18 and id is 1 raw text is: 

 BRILL            COURTS AND TRIBUNALS 18 (2019) 3-32
 NIJIH OFF                                                         brili.com/lape

 CJEU Judgment in Case C-284/16 Achmea: Single

 Decision and Its Multi-Faceted Fallout

        Bartosz Soloch*
        Assistant Counsel to General Counsel in the Republic of Poland,
        Department for International and European Law; Ph.D. candidate,
        University of L6di; LL.M. (Bonn)


Recent decisions of European and national courts, as well as those of arbitral tribu-
nals, concerning the Achmea saga seem to be plentiful enough to draw preliminary
conclusions as to the relationship between EU law, intra-EU international invest-
ment agreements (IIAS) and the national laws of EU-Member States. In order to get
the proper picture of the situation, however, it is necessary not only to analyse the
recent decisions of the Court of Justice of the European Union (CJEU) and their con-
sequences from these three perspectives, but, equally, to understand how they interact
with each other. Such an analysis indicates the real possibility of the emergence of a
rift between the practice of the EU and national courts rejecting the validity of invest-
ment arbitration agreements, on the one hand, and investment tribunals, on the other.
In any case, such a divergence would put into question the IIAs' claim to provide a
stable regulatory framework for international investments in the EU, which, in turn,
would strengthen the argument for termination of intra-EU I IAS.


Achmea - ISDS - CJEU - investment law - intra-EU IIAS - procedural autonomy

   This text is based on the article Wyrok TSUE w sprawie Achmea: Jedna decyzja-wiele
   perspektyw, written in Polish and accepted for publication in the Polish journal, Studia
   prawno-ekonomiczne. The article represents exclusively the private views of the author.
   The author would like to thank Prof. Anna Wyrozumska, Prof. Marcin Kaldufiski, Dr. Marta
   Cichomska and the reviewers for their helpful remarks. All the mistakes are the sole respon-
   sibility of the author.

( KONINKLIJKE BRILL NV, LEIDEN, 2019 1 DOI:10.1163/15718034-12341393

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