A dramatic upheaval in investor-state arbitration last year recently led to the apparent demise of investment treaties throughout Europe and could have broad implications for both international arbitration and foreign investments in the European Union. In May 2018, the Court of Justice of the European Union found in Achmea v. Slovak Republic that the bilateral investment treaty between the Netherlands and the Slovak Republic (a so-called intra-EU BIT) contained an arbitration clause that was incompatible with European law.
Rutledge, Peter B.; Larsen, Katherine M.; and Newton, Amanda W., "European Decision Could Have Killed Investment Treaties, Affecting Arbitration and Investments" (2019). Popular Media. 306.