The Law School of the University of Vienna and the Europa Institute at the Saarland University is organizing a conference addressing various aspects of Intra-EU BITs in Vienna. Here is the summary:
EU Member States have concluded approximately 1.400 IIAs with third (i.e. non-EU) countries and 190 IIAs with other EU Member States (Intra-EU BITs). These Intra-EU BITs have been the basis for investment disputes in multiple investor-state dispute settlement (ISDS) cases that are very controversial. Of roughly 140 cases instituted against EU Member States more than three quarters are Intra-EU disputes. While Intra-EU ISDS seems to become an attractive means of dispute resolution, the EU Commission is asking EU Member States to terminate their Intra-EU BITs arguing that they would not be in conformity with their EU Law obligations.