European Court of Justice Rules that Arbitration Agreement in...

In a ruling that has sent shockwaves across Europe, the European Union's highest court, the European Court of Justice , has struck down an arbitration agreement contained within a bilateral investment treaty between two EU member states, the Netherlands and Slovakia. Whilst the ramifications of this decision are yet to be fully realised, it is clear that a great deal of uncertainty arises as to its impact, not only on the 200 or so other intra-EU BITs currently in force, but also on multilateral investment treaties involving the EU and its member states, most notably the Energy Charter Treaty , under which substantial disputes have arisen in recent years, particularly in the renewables sector.