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The Achmea-Decision of the CJEU (Luther Dispute Resolution Lecture)

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Published on Apr 5, 2018

►►► In his Keynote, Prof. BURKHARD HESS addresses and assesses the different legal arguments supporting both sides of the dispute and elaborate on the consequences of the Achmea-decision for the future of intra EU BIT. ◄◄◄

☛ Find the respective article by Prof. Hess here: http://ssrn.com/abstract=3152972

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Prof. Dr. Dres. h.c. Burkhard Hess, Executive Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

holds the first Luther Dispute Resolution Lecture on

Intra EU Bilateral Investment Treaties after the Achmea-Decision of the European Court of Justice.

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19 March 2018, 18.30 Uhr
Moot Court, Bucerius Law School, Hamburg

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Contents

0:12 General Welcome | Prof. Dr. Karsten Thorn, Director of the Center on international Dispute Resolution, Bucerius Law School
1:26 Opening Remarks | Dr. Richard Happ, Partner at Luther
7:46 Luther Dispute Resolution Lecture | Prof. Dr. Dres. h.c. Burkhard Hess, Executive Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

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Bilateral Investment Treaties (BITs) between Member States of the European Union have been and still are a common phenomenon with a controversial legal background. On 6 March 2018, the European Court of Justice (CJEU) will decide the currently pending Achmea-Case (C‑284/16). Thereby the CJEU will take a position on whether or not such intra EU BITs are in conformity with EU law. Whereas the EU Commission deems them to be in violation of the EU treaties Advocate General Wathelet has taken the opposite view.
In his Keynote, Prof. Hess will address and assess the different legal arguments supporting both sides of the dispute and elaborate on the consequences of the Achmea-decision for the future of intra EU BITs.

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The Center for International Dispute Resolution (CIDR) at Bucerius Law School is intended to provide an institutional framework and a forum to explore, discuss and develop issues arising in connection with the resolution of disputes having an international/transnational element. The founders and directors of the CIDR, Prof. Stefan Kröll and Prof. Karsten Thorn, are well known experts in the field of dispute resolution and frequent speakers at national and international conferences.

The CIDR shall sharpen the profile of Bucerius Law School in the field of international dispute resolution and enhance its national and international visibility as one of the leading teaching and research institutions. It pools the existing resources at Bucerius and aims at intensifying the exchange between academia and practice in international dispute resolution. The CIDR shall become a nationally and internationally recognized competence center and a forum to explore, discuss and develop issues arising in connection with the resolution of disputes having an international/transnational element, involved also in the education of the next generation of dispute resolution lawyers.

At the same time CIDR will investigate how international dispute resolution can be taught best at universities. In this regard, the CIDR shall further develop the current course program for the Bucerius Certificate in International Dispute Resolution. In addition, the CIDR shall promote junior researchers by identifying potential subjects for doctoral theses, connecting with potential contact persons to the point of co-supervision, offering advanced education courses and assisting publications.

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