Achmea Induced Clarity on Sovereign Immunity in the US and the UK

In Achmea (Case C-284/16) the CJEU ruled that intra-EU investor-state arbitration clauses in bilateral investment treaties were invalid as a matter of EU law. In the aftermath of that decision, the issue of sovereign immunity has taken centre stage in EU States’ crusade against enforcement of intra-EU investment treaty awards, as part of their battle to persuade domestic courts to revisit jurisdictional objections based on Achmea that tribunals had already rejected.... By: BCLP