Victor Steinmetz Contributes Chapter on EU State Aid Decisions to Lexology In-Depth: Investment Treaty Arbitration

Victor Steinmetz has contributed a chapter on ‘The impact of EU state aid decisions on investment treaty awards’ to the latest edition of Lexology In-Depth: Investment Treaty Arbitration.

The chapter examines how EU state aid rules, particularly following the Micula and Antin decisions, have created a significant obstacle to the enforcement of investment treaty arbitration awards against EU Member States by treating the payment of arbitral damages as unlawful state aid. It also explores the resulting tension between EU law and international law, highlighting the different approaches taken by courts inside and outside the EU and the increasing importance of pursuing enforcement in non-EU jurisdictions.

Read the full chapter here.