carducci-arbitration | Investment and Treaty Law and Disputes
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Investment and Treaty Law and Disputes

EU Law and Post-Achmea Intra EU BITs and Investment Arbitration 

Professor Carducci’s analysis

i) of the EUCJ’s ruling in Achmea (6 March 2018) is available in the ICSID Review (2018 p.582-619)

ii) of the German Supreme Court (BGH) (3 March 2016) ruling in Achmea is available in Zeitschrift fur Internationales Wirtschaftsrecht, 2016, IV, p.180-184

International Investment Law and Arbitration 

Contract / Treaty Divide

International Investment Arbitration: ICSID, Energy Charter Treaty, NAFTA, and beyond

Investment Treaties: Applicability, Interpretation, Implementation in National Law, Enforcement

Governing Law under Treaties: National Law, EU Law, International Law (Treaties, Custom, General Principles of Law)

Investment Contracts: Jurisdiction, Applicable Law, Stabilization Clauses, Renegotiation and Adaptation

Protection of States, Companies, Majority and Minority Shareholders, Natural Persons

Standards of Protection: Fair and Equitable Treatment, Full Protection and Security, Most-favoured-nation Treatment, Access to Justice, Emergency and Necessity, Umbrella Clauses

Direct and Indirect Expropriation, Nationalization

Consent and Due Process, Annulment of awards

State Immunity and Enforcement of Awards


Expertise and Assistance to Governments (see also UNESCO Experience)

Treaty Law and Disputes

Conclusion, Entry into Force, Reservations


Validity, Invalidity, Termination, Suspension

State Responsibility

Objective Responsibility and Culpa

Existence and Implementation of International Law Obligations

Compensation and Damages