On 6 March 2018, the Court of Justice of the European Union rendered its much-awaited
judgment in the case Slovak Republic v. Achmea, where it affirmed the incompatibility of
Bilateral Investment Treaties’ (BITs) arbitration clauses with Articles 267 and 344 of the
TFEU. The judgment bears particular importance not only for the case at stake, but also for
the future of BITs between Member States, shedding light on the delicate issue of the settlement of disputes, through arbitration. Furthermore, the case raises important questions of
general international law, concerning the termination of such BITs, as well as uncertainties
on the Investment Treaties that the EU itself may sign and is signing with third States, in the
framework of its commercial policy competence.
