Compatibility of arbitration clauses in Bilateral Investment Treaties with EU law, Juli 2016

On 3 March 2016, the German Federal Court of Justice (BGH) decided (case number I ZB 2/15) to stall the proceedings by requesting a preliminary ruling from the European Court of Justice (ECJ) on whether the arbitration clauses in Bilateral Investment Treaties (BIT) between Member States are compatible with EU law.

Content:

  • Facts of the case
  • Legal issues that have arisen
  • Future prospects