According to Advocate General Wathelet in conclusions delivered on Tuesday 19 September (C- 284/16), the arbitration clause in the investment protection agreement concluded between the Netherlands and Slovakia is compatible with EU law.
Since 1993, a bilateral treaty (BIT) concluded between the Netherlands and Slovakia provides that disputes between one contracting state and an investor of the other are to be settled amicably, or failing that, before an arbitral tribunal. In 2006, Slovakia...