This article addresses the issue of parallel proceedings in suspended
arbitration cases based on intra-EU bilateral investment treaties. The
furthering of such disputes was declared illegal by the recent CJEU decision
in PL Holdings case. However, not all of them were terminated
by the agreement of the parties. The said illegality of such proceedings might
prevent Governments of the EU Member States to attend the hearing or implement
the award, but this alone cannot force the investor to scrap the claim. The pertinent
example of the investment dispute in Veolia Environnement S.A. and
Others v. the Republic of Lithuania provides additional argument for
the investor to hold onto the arbitral tribunal. Lithuanian courts refused so
far to accept the Government’s counterclaim avoiding the duplication of the
proceedings in the same case. Moreover, Supreme Court’s decision provides a
far-reaching interpretation on the nullity of all inter EU arbitration
agreements ever concluded. The following analysis provides some certainly
interesting details.