Investment treaty arbitration

About this episode

In this episode, Emma Johnson and Tom Cummins, Partners in Ashurst’s international arbitration practice talk through investment treaty arbitration in relation to disputes concerning intra-EU investments with Matt Harnett, a senior associate in Ashurst’s international arbitration practice.

The wide-ranging conversation includes details on:

An overview of what investment protection and investment treaty arbitration are.

How recent rulings brought before the European Court of Justice have changed the landscape of disputes relating to investment protection and whether they can be arbitrated. 

What role recent cases have played and the wider impact in preventing other European investors from pursuing investment treaty claims against European states. 

The information provided is not intended to be a comprehensive review of the law and practice relevant in this area and listeners should take legal advice before seeking to embark on any of the courses of action discussed in this podcast.