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The Achmea judgment: An additional Stage in the Construction of a Group of International Litigation Resolution Mechanisms?

Author: Vanessa THIEFFRY

Type: Article

ref: 32018201-216

N0:3 of 2018

Pages: 201-216

This judgement, rendered in Grand Chamber, on the non-conform conclusions of Advocate General Wathelet and with the intervention of sixteen Member States—themselves supporting differing positions—will without a doubt go down in history. It marks an important step in the construction of dispute resolution law within the European Union: on the one hand, the Court ruled for the first time on the compatibility of intra-EU BITs and Union law and, on the other hand, it made a clear distinction between commercial arbitration and investment arbitration, recognising the first as the incontestable resolution mechanism for commercial disputes and invalidating the second within the EU, for reasons touching on the very specificities of arbitration.