Dr. Martin Jarrett: Investment-Treaty Arbitration after Achmea

In March 2018, the European Court of Justice handed down its decision in Slovakia v Achmea. This decision let off a Krakatoa-like eruption in the world of international investment law. Effectively, the European Court of Justice sought to interdict investment-treaty arbitrations between European investors and EU Member States, noting that these disputes make up a large portion of all investment-treaty arbitrations.

As the dust has now settled after the initial blast, it is time to take stock and ask: what impact has the Achmea Decision actually had?

In this video, Dr. Martin Jarrett, Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, gives an overview of the legal issues that arose in international investment law post-Achmea and examines the responses to those issues.