…court following a successful injunction by the Netherlands arguing that the dispute is “inadmissible” because it must be considered to be incompatible with the CJEU’s Komstroy and Achmea jurisprudence. Although,…
…the Achmea ruling, for example. Moreover, a valid question for ongoing or future cases is whether investors would have legitimate expectations, from a rule of law perspective, on the recognition…
…to allow arbitral tribunals to file a request for preliminary ruling under Article 267 TFEU. Another panelist commented that, in light of Achmea, subsequent developments like Komstroy and—for certain practitioners—the…
…resolution provisions arises from the fact that, following the Court of Justice of the European Union (CJEU) judgments in Achmea and Komstroy, the Contracting Parties have agreed to amend Article…
…September 2022, 19 SchH 15/21, paras. 38-39. On the merits, the HRC Cologne found that the CJEU rulings in Achmea, Komstroy and PL Holdings, as well as the CJEU’s…
…in the Achmea case, an intra-EU BIT cannot constitute a valid ground for the Arbitral Tribunal’s jurisdiction. La Republique [A] v. Société Groupement [B], Court of Appeal of Paris,…
…issues that have been the subject of inconsistent arbitral awards, clarifying the role of intra-EU investor-State dispute settlement (ISDS) in light of the CJEU’s judgments in Achmea and Komstroy, and…
…impacted by the application of EU law after Achmea more generally. Failure to Enforce an Award Can Constitute an Unjustified and Unlawful “Interference” with Possessions The Court’s analysis of…
…questions such as those raised in the case of Achmea. In conclusion, Ms. Bedard remarked that “we may not know all of the answers but have come to appreciate the…
…Achmea and Komstroy judgments. In our view, this marks an overdue recognition that investment tribunals addressing disputes between EU nationals and EU member States cannot ignore the primacy of EU…
…declare arbitration proceedings inadmissible. An exception to the invalidity of such an intra-EU BIT clause may apply where the (strict) requirements developed in the Achmea, PL Holdings, and Komstroy judgments…
…set forth by the Court of Justice of the European Union (CJEU) in Slovakia v. Achmea, Moldova v. Komstroy and Poland v. PL Holdings (coverage here, here, here and here)….
…compatibility of EU law with the arbitration clause in the Slovakia-Netherlands BIT to the Court of Justice of the European Union (“ECJ”) in Slovakia v. Achmea BV. Now the Higher…
…Achmea finding the Dutch-Slovak BIT incompatible with the autonomy of EU law, disagreements persisted among EU member states whether the Achmea reasoning applied to the plurilateral ECT as well since…
…of Justice of the EU’s (“CJEU”) decision in Achmea, the Republic of Lithuania concluded that the ICSID tribunal lacked jurisdiction, withdrew its counterclaim, and submitted it to the national courts…
…from their existing treaty obligations. In the aftermath of Achmea, this entrenchment effect clashed with the resolute intention of (most) European Union (EU) Member States to comply with the CJEU’s…
…matters (for related posts on the Achmea judgement click here). This post examines how the Turkish Court of Cassation has interpreted Article 54 of the ICSID Convention in a recent…
…23 EU Member States by signing a multilateral treaty to that effect in the aftermath of Achmea judgment serves as the most prominent example of this route. However, in a…
…Achmea ruling from March 2018 when the CJEU declared intra-EU ISDS clauses incompatible with EU law; (ii) the 2019 political declarations through which some EU Member States announced their intention…
…by the CJEU’s findings in any post-Achmea proceedings. 4) While Achmea is currently seeking to challenge the Supreme Court’s decision before the German Constitutional Court on the basis that the…
…by the investors at a time when EU law was applicable. Contrary to its Advocate General, the Court of Justice considered that the Achmea case law was relevant to the…
…by two German energy companies in light of the Achmea ruling. In November 2021, the German Supreme Court (Bundesgerichtshof – the referring court in Achmea) rejected an appeal against the…
…the jurisdiction of the arbitral tribunal, which, however, were all rejected. It was the 2018 Achmea judgment by the Court of Justice of the EU (CJEU), which provided the justification…
…the CJEU held that ECT intra-EU arbitrations are contrary to EU law. This decision was built on the Achmea decision, where the CJEU found that intra-EU investment agreements and arbitration…
