Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law here at the University of Georgia School of Law, has co-authored, with 3L Katherine M. Larsen and Amanda W. Newton (JD’19), a commentary on a recent decision related to international arbitration.
Entitled “European Decision Could Have Killed Investment Treaties, Affecting Arbitration and Investments,” the commentary appeared at The Daily Report on June 28.
It discusses the content and the implications of Achmea v. Slovakia, a May 2018 decision in which the European Court of Justice ruled a clause in a bilateral investment treaty to be incompatible with European law. Both that decisions and subsequent interpretation of it in European and US courts, the authors state, leaves “more questions than answers at this point.” (Also see prior post.)