In 2018, the Court of Justice of the European Union made its landmark decision in Slovak Republic v. Achmea regarding the incompatibility with EU law of arbitration clauses contained in bilateral investment treaties (BITs) concluded between two EU member states. The judgment created uncertainty and confusion for investors wishing to rely on the protections these intra-EU BITs contained.

In our second international arbitration podcast, Boris Kasolowsky, Peter Turner QC and Desiree Prantl examine the background to this decision, its scope of application and what it means for the future of investment protection within the EU.