IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
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PE 703.592
the ICSID system in 2007,
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while Venezuela and Ecuador soon followed,
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with the latter re-signing the
ICSID Convention on June 23, 2021.
Naturally, these withdrawals gave rise to complex legal issues,
which ended up being litigated before investment tribunals. One such example is the
E.T.I. Euro Telecom
International N.V. v. Plurinational State of Bolivia
, however, the
proceedings of which were
discontinued.
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Finally, the Court of Justice of the European Union (CJEU) in
Achmea
gave its answer to a hotly-debated
and fiercely-litigated (and arbitrated) question, namely the non-compatibility of intra-EU
BITs with EU
law,
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And recently the same Court ruled that Article 26 of the ECT, which provides for arbitration, is
incompatible with EU law at intra EU level.
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However most of the intra EU BITs and the ECT are subject
to sunset clauses,
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and this complicates the unilateral withdrawal especially due to the entrenchment
effect of such clauses.
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