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Agreement for the Termination of Intra-EU BITs Signed – The Bell Tolls?

Practical Law Arbitration Blog

14 May 2020

In an article for Thomson Reuters’ Practical Law Arbitration Blog, Chiraag Shah and Pietro Grassi covered the European Commission’s announcement that a majority of Member States of the European Union (EU) had signed the Agreement for the Termination of Bilateral Investment Treaties (BITs) between the Member States of the EU.

“The Agreement will have a significant impact on the protective measures bestowed upon EU investors who have businesses in other EU countries, as well as foreign investors who rely on passport rights through one EU Member State to gain access to the wider common market,” the authors wrote.

They also noted that a number of EU Member States have not signed the Agreement, and that the Agreement is not yet in force, so “there may still be a narrow window of opportunity to file a claim under a current intra-EU BIT before that door is shut.”

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