Beyond Brexit transition – bilateral investment treaties

Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by the European Commission against the UK remain pending, with the Commission indicating that it may refer the case to the CJEU before the end of the transition period. Even if the Commission decides to refer the case, it remains to be seen whether any decision by the CJEU would affect the validity of the UK’s BITs and their potential to attract investors post-Brexit.