Fact Sheet on Intra-European Union Investor–State Arbitration Cases

By UNCTAD, published by UNCTAD, December 2018

Intra-EU investor–state arbitration has been a prominent topic in domestic and international policy debates. Recent developments related to the Achmea case put a spotlight on the future of intra-EU disputes based on BITs and the Energy Charter Treaty. This IIA Issues Note presents statistics and facts on intra-EU investor–state arbitration cases by the end of July 2018. A review of 49 decided intra-EU cases provides information on the following issues: the affected investment, the types of challenged measures, the alleged rationale and the alleged adverse effects of the challenged measures. An annex contains a mapping of principal issues (jurisdiction, admissibility and merits) discussed by tribunals in these cases. Available at https://investmentpolicyhub.unctad.org/Publications/Details/1193