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Slovak Republic v Achmea: See you in Court

On 6 March 2018, the Court of Justice of the European Union's (CJEU) judgment in Slovak Republic v Achmea (Case C-284/16) shook the world of investment arbitration to the core. The CJEU held that an arbitration clause in the Slovakia-Netherlands bilateral investment treaty (BIT) – and, essentially, all intra-EU BIT arbitration - was incompatible with EU law. Accepting that it is the law, then it poses a crucial question: if not arbitration, then what? Gordon Nardell QC of 20 Essex Street and Richard Power of Clyde & Co. consider the solution in the report 'Slovak Republic v Achmea: See you in Court' which can be found in full below.

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Achmea judgement_Report_GN.pdf123.96 KB