Many have long feared that the end of intra-EU BIT arbitration brought about by Achmea would soon be followed by the end of contract-based intra-EU ISDS. Although Advocate General (AG) Kokott’s recent Opinion in Case C-109/20 Poland v. PL Holdings allows for a glimmer of hope for non-treaty-based investment disputes, a closer reading of the Opinion reveals that this fear may in fact be justified.
KOROM, V. (2021). Is there Room to Hope for Non-Treaty-Based ISDS in the EU? Remarks on AG Kokott’s Opinion in Case C-109/20 Poland v. PL Holdings. Kluwer Arbitration Blog.