Abstract

On May 5, 2020, the Termination Agreement culminated the European Commission's efforts to end all investor-state arbitration proceedings initiated pursuant to intra-European Union bilateral investment treaties based on the argument that said treaties are contrary to EU law. The Termination Agreement, signed by 23 EU States, asserts a mutual termination of 126 treaties and their sunset clauses with retroactive and immediate effect upon claims not initiated yet but involving investments made before this consensual termination, as well as arbitral procedures initiated on or after March 6, ...