EU attacks on investor rights.

The article focuses on recent developments in investor-state dispute resolution within the European Union (EU), highlighting how the European Commission and the Court of Justice of the European Union (CJEU) have restricted investors' rights to arbitrate disputes independently. Key judgments, notably the 2018 Achmea case, ruled that arbitration clauses in bilateral investment treaties (BITs) between EU Member States are incompatible with EU law, leading to the termination of intra-EU BITs and undermining investor protections. The article also discusses the Energy Charter Treaty (ECT) and related cases, illustrating tensions between EU law and international arbitration, with some non-EU courts upholding arbitral awards annulled within the EU. It concludes that investors should avoid arbitration seated within the EU and instead choose non-EU jurisdictions to safeguard their rights, as EU institutions increasingly limit arbitration mechanisms and impose retrospective legal changes affecting investments.