12. March 2018

Hansjörg Stutzer spoke in “Echo der Zeit” of Radio DRS on 11 March 2018 on the future of European Investment Treaty Arbitration after the CJEU Decision in Slovakia v Achmea

On 6 March 2018 the CJEU communicated its long awaited decision in Slovakia v Achmea. The radio program of DRS 1, to which Hansjörg Stutzer contributed and was also quoted therein, analyzes the potential consequences of this decision. They are certainly far reaching since the jurisdiction of arbitral tribunal in intra EU investments disputes is put in question in general. The decision is particularly aggravating for claimants in already pending proceedings. If properly structured in future, Switzerland could serve as new “hub” for intra EU investment treaty arbitration and, thus, profit from this decision of the CJEU.

The radio program of DRS is available under the following link: https://www.srf.ch/play/radio/popupaudioplayer?id=3dab88de-c24f-48de-a9af-a909f05dba03&start