…outside the EU in the wake of the Achmea and Komstroy cases. First, he stated that since Achmea, it has been clear that intra-EU awards stand almost no chance of…
…Member States under the NYC and their (essentially) international obligations under EU law. This is far more complex than mere Achmea. First, there is no violation of the NYC in…
…Hennessee first summarised the reception of Achmea in two words: disappointment and resignation. He noted that in the post-Achmea world, investors have to run risk calculations based on particularities of…
…Union’s decision in Achmea. The FCJ declined to apply the Achmea rule to BITs concluded between an EU Member State and a third country, and rejected India’s challenge (Beschluss des…
…Achmea judgment, raises concerns about the potential impact on the correct interpretation of EU competition law. The consequence is clear: since PMAC arbitral tribunals are prevented from seeking the correct…
…explained, the judgement is a ‘very clear, elaborately reasoned and strongly worded rejection’ of the relevant CJEU rulings in Achmea and Komstroy as a ‘basis for the non-enforcement of ICSID…
…of Justice of the European Union (“CJEU”) in Achmea and Komstroy had retroactively vitiated Spain’s consent to arbitration with investors from other member states, under both bilateral investment treaties and…
…when the (potential) candidate accedes to the EU. This is in line with the CJEU’s ruling in Achmea (C-284/16), deciding that investor-State arbitration under intra-EU BITs is incompatible with EU…
…in interpreting international treaties that might come in conflict with the EU law. She recalled the CJEU’s ruling in Achmea, the first judgment in which the CJEU ruled on the…
…of Intra-EU Arbitral Awards: Latest Developments from the UK, Australia, the US and EU”, moderated by David Herlihy (Allen & Overy). Comparing the post-Achmea saga of intra-EU investment treaty arbitrations…
…intra-EU arbitral awards in the U.S. after the European Court of Justice’s decisions in Achmea and Komstroy. United States Supreme Court In Coinbase Inc,. v. Bielski, No. 22-105 (U.S. 2023),…
…arise for arbitration on the aftermath of the Achmea decision of the Court of Justice of the European Union (“CJEU”) and that the coordinated withdrawal of EU member states from…
…consultations on reform of the Arbitration Act 1996. Another hot topic is the impact of Achmea, Komstroy, and the treaty terminating intra-EU BITs. Ms. Michou noted that for pending cases,…
…59;Achmea B.V. v. The Slovak Republic (I), para. 223; and Fynerdale Holdings v. The Czech Republic, para. 264.b). Therefore, and contrary to the Court’s decision, the agreement between the investor…
…LLC [2021] 4 WLR 132 and Slovak Republic v Achmea BV [2018] 4 WLR 87, holding that the relevant agreement (for the purpose of submission to the jurisdiction of the…
…in an intra-EU bilateral investment treaty (“intra-EU BIT”), and the arbitration clause (Article 26) in the ECT (when applied to intra-EU disputes), is contrary to EU law (Achmea; Komstroy; Opinion…
…its seminal Achmea judgment. A multitude of proceedings followed in Achmea’s aftermath. Both the CJEU and national courts inside and outside the EU had to clarify what Achmea means in…
…CJEU cases such as Achmea, Komstroy, and PL Holdings, which establish that disputes between a Member State and an investor from another Member State under the Energy Charter Treaty cannot…
…is commercial rather than sovereign. She finally mentioned that the jurisdictional landscape has changed rapidly after the Slovak Republic v. Achmea B.V. (“Achmea”) and the République de Moldavie v Komstroy…
…the latter by the ultimate shareholder of CME; and attempts to resort to remedies not provided for in international investment agreements (“IIAs”), such as in the Achmea v. Slovak Republic…
…more attractive as seats of international arbitrations. Speaking of the divergence in arbitrator practice post-Achmea, Judge Kodek expressed discomfort with those arbitrators who have stated that they do not feel…
…Achmea, Komstroy and PL Holdings. It noted that, in Komstroy, the CJEU re-affirmed its conclusion in Achmea that an international agreement cannot infringe on the allocation of powers laid down…
…purposes of the dispute. Additionally, as has been widely reported, the CJEU clarified that its reasoning in the Achmea ruling regarding the intra-EU objection extended to the ECT. The referral…
…the 2018 Achmea decision of the European Court of Justice, the arbitration provision in Art. 26 of the Energy Charter Treaty did not constitute a valid agreement binding the parties…
