Dutch Investor Ordered to Withdraw Intra-EU Arbitration Against Poland
On April 22, 2025, the Amsterdam Court of Appeal (Gerechtshof Amsterdam) issued a landmark ruling ordering a Dutch investor to terminate an ongoing intra-EU arbitration against Poland on the basis that it violates EU law. In the ruling, the court imposed a penalty for non-compliance that could amount to EUR 10 million, underscoring the EU’s strong stance against intra-EU BIT arbitrations. This decision aligns with the Achmea decision of the Court of Justice of the European Union in 2018, establishing the principle that arbitration clauses in intra-EU BITs are contrary to EU law. In essence, the case emphasizes the growing judicial support across Europe for the EU’s unified stance against intra-EU investment arbitration.