In Eastern Sugar BV (Netherlands) v The Czech Republic (UNCITRAL ad hoc arbitration SCC no 088/2004) an ad-hoc tribunal has rejected an argument that obligations undertaken by the Czech Republic pursuant to a bilateral investment treaty were superseded or affected by that country's accession to the EU.

The tribunal's approach to the question of the compatibility of the two regimes was extremely robust. It appears that there are several other arbitrations involving the Czech Republic which may potentially raise similar issues.