Clifford Chance

BITs - Still Value for Money - August 2018

30 August 2018

The judgment of the Court of Justice of the European Union in the case of Slovak Republic v Achmea BV cast doubt over the utility of intra-EU BITs as a means of protecting European investors' rights when investing in other EU Member States. The utility of BITs that are not between EU Member States, however, remains undiminished. Continued threats of politically-motivated expropriations, when coupled with this post-Achmea legal uncertainty, highlight the need to consider investment protection and structuring concerns carefully well in advance of any investment being made.

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