…reality of investor-State relations and disputes is the shoreline this wave has been hitting since Achmea appeared on the stage. Achmea’s Aftermath: Tribunals and National Courts about Achmea Achmea has…
Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one…
…Micula argued that Achmea does not apply because: (1) Romania acceded to EU after the ICSID proceeding commenced, whereas the Slovak Republic in Achmea was already part of the EU…
…in December 2012 [Achmea v Slovakia, PCA Case No 2008-13, Award of 7 December 2012 (not public); Achmea press release, “International arbitration tribunal rules in favour of Achmea”, 7 December…
…and obligations that are binding on all EU Members, including the Achmea decision. Once more, this tribunal also rejected the “Achmea-objection”. Thus, despite 23 EU Member States having signed a…
The Court of Justice of the European Union’s (CJEU) judgment in Slovak Republic v. Achmea B.V. (Achmea) on arbitration under intra-EU BITs has been broadly discussed (on this blog, see…
…set out by the CJEU, in particular addressing three pivotal issues of the Court’s reasoning below. I. Does the Achmea dispute concern the interpretation of the EU law? In 2017,…
…treaties (BITs). The agreement follows the political Declarations of the Member States issued in January this year in which they explained the consequences they are drawing from the Achmea judgment…
…than the Supreme Court, will be bound by EU laws and court decisions made before exit day. As the tribunals in numerous post-Achmea ECT awards have pointed out, Achmea applies…
On 6 March 2018, the Court of Justice of the European Union (the “CJEU“) delivered its ruling in the case of Slovak Republic v Achmea (“Achmea“), holding that the investor-state…
Introduction The judgment of the Court of Justice of the European Union (CJEU) in Case C-284/16, Slovak Republic v. Achmea B.V. (Achmea) has attracted much comment in many fora, including…
…Federal Civil Court’s confirmation of the CJEU’s Achmea decision, has filed a constitutional complaint before the BVerfG. In addition, Achmea had applied to the BVerfG for an injunction decision that…
Over the past two months, the judgment by the Court of Justice of the European Union (“CJEU”) in Slovak Republic v Achmea BV, hereinafter referred to as “Achmea”, has created…
Many arbitration lawyers’ initial reaction to the CJEU’s Achmea judgment resembles the first three of the famous “five stages of grief” (denial, anger, bargaining, depression and acceptance). Some deny Achmea’s…
…on Achmea appeared during the proceedings in Luxembourg. The General Court had briefly addressed the point, dismissing the relevance of Achmea to the Micula case. Since the General Court had…
…the consistency, full effect and autonomy of EU Law (Achmea, ss 35-60). Following Achmea, the European Commission’s Communication COM(2018)547/2 of 19 July 2018 and the Declarations of the Representatives of…
On 6 March 2018, the Court of Justice of the European Union (“CJEU”) in the case no. C‑284/16 Slovak Republic v. Achmea BV (“Achmea case”) (available here) stated that arbitration…
…from concluding with investors from another EU Member State an ad hoc arbitration agreement identical to an arbitration clause of an international treaty deemed invalid under the CJEU’s Achmea case…
…that the Achmea judgment renders intra-EU investor-state arbitration illegal under EU law. Clearly Spain is shielding its position by using the Achmea ruling to avoid enforcement of awards before any…
The CJEU judgement issued in the much-discussed (here and here) C-284/16 Slovak Republic vs. Achmea case has every chance of becoming a game changer in the field of the investment…
The Effects of Achmea on the Prospective EU Member States Much ink has been spilt on of the aftermath of the CJEU Achmea decision which has turned the world of…
…liberalisation of its health insurance market, thereby prohibiting the distribution of profits generated by Achmea’s Slovak insurance activities. In 2008, Achmea brought arbitration proceedings against Slovakia under the BIT on…
…Republik v Achmea BV. As already explained in another post, Bundesgerichtshof (“German Federal Court of Justice”) requested a preliminary ruling from the CJEU on the compatibility of certain provisions of…
The Opinion delivered on 19 September 2017 by Advocate General Wathelet in the case C-284/16 Achmea has already been widely commented on in the international arbitration community. The views are…
