Investment protection in the European Union: the end of investment arbitration (from the “Achmea” judgment to the proposal of a multilateral investment court)

Beatriz Sáenz de Jubera Higuero

Keywords

Achmea; investment arbitration; intra-community investments; free trade agreements; multilateral investment Court; European Union.

Abstract

In recent years, before different fronts and open conflicts in relation to the negotiation of free trade and investment treaties and claims of States and companies against Member States of the European Union within the framework of investment arbitrations, the European Commission has shown clear signs of not being in favor of investment arbitration at Community level as it has traditionally been developing. And the CJEU on March 6, 2018 with his sentence in the “Achmea” case has been giving her the reason.
This paper will analyze the positions and actions of the European Union in the framework of the protection of investments at Community level and in relation to the different Member States, with particular attention to the evolution of Union positions and proposals regarding to the resolution of controversies and investment arbitration, the CJUE in the “Achmea” case and the most recent community proposal in relation to a multilateral investment Court.