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7th May 2020
External Relations & Trade Justice & Litigation

Op-Ed: “Disentangling clashes of paradigms: Member States reinstate EU law philosophy terminating BITs in the internal market” by Edoardo Stoppioni

On 5 May 2020, all EU Member States apart from Austria, Finland, Sweden and Ireland signed the Agreement for the termination of bilateral investment treaties between the Member States of the European Union. The fundamental effect of the agreement is outlined in its Articles 2 and 3: all the BITs listed in the annexes are thereupon terminated and their sunset clauses deprived of legal effects. As set out in Articles 4 and 5, the termination is the result of their incompatibility with EU law. For this reason, ISDS clauses included in those agreements cannot serve as a basis for future litigation. A settlement procedure overseen by an impartial facilitator is organised in Article 9 for pending proceedings, while the fundamental principles b

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