Search Results for: achmea

Achmea, Arbitration, BIT, European Union, Investment Arbitration, Principle of proportionality, Slovakia

(Al Tamimi & Company)/ /Leave a comment

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 the Kluwer Arbitration Blog (See e.g., articles authored by Florian Stefan, Clement Fouchard and Marc Krestin, and Vivek Kapoor). This is not surprising. The CJEU…

Achmea, Arbitration, CJEU, Intra-EU BITs

(Stephenson Harwood LLP)/ /Leave a comment
Young ICCA

The Court of Justice of the European Union (“CJEU”) is not an ordinary court but a political court, which means that it is strongly influenced in making its decisions by the political beliefs of the European Commission. The 6 March 2018 judgment of the CJEU’s Grand Chamber in Slovak Republic v. Achmea BV is a…

Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized

(Vavrovsky Heine Marth)/ /Leave a comment

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 much discussion among arbitration practitioners. Its reasoning and implications have already been addressed in several Kluwer Arbitration blog posts, available here, here and here. The…

Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties

(CMS Cameron McKenna Nabarro Olswang LLP)/ /Leave a comment

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 begs the question: How this should be perceived in practice?  Because, when interpreting EU law not to be compatible with BIT-based dispute resolution, or vice…

Achmea, European Court of Human Rights, European Law, European Union

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Linklaters

As it has been extensively discussed on this blog, in its landmark Achmea case the Court of Justice of the EU (“CJEU”) found the arbitration provision of the bilateral investment treaty (“BIT”) between the Netherlands and Slovakia to be incompatible with EU law. This decision potentially affects the effectiveness of the roughly 200 BITs concluded…

Achmea, Arbitration, BIT, European Law, Investment Arbitration

(BSJP Brockhuis Jurczak Prusak Sroka Nilsson, Warsaw and Conway & Partners, Rotterdam)/ /Leave a comment

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 protection regime within the EU. Where does that leave the protection of investors within the EU? The message of the CJEU to those who welcomed…

Achmea, Arbitration, Arbitration Agreements, Investment Arbitration, Poland, Rule of Law

(Kancelaria Adwokacka Adwokat Marcin Orecki)/ /Leave a comment

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 agreements concluded between the Member States of the European Union (“EU”) in the so-called intra-EU BITs have an adverse effect on the autonomy of EU…

Achmea, Arbitration, Arbitration Proceedings, BIT, Brexit, CJEU, Investment Arbitration

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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 arbitration provisions in a bilateral investment treaty (“BIT“) between the Netherlands and the Slovak Republic are invalid, as they are incompatible with EU law. In…

Achmea, CJEU, Intra-EU BITs, Investment Arbitration

(White & Case LLP)/ /Leave a comment

On March 6, 2018, the Court of Justice of the European Union (“CJEU”) in its 12-page judgment backed the Commission in its grid to finally scrap the intra-EU BITs and defied Advocate General’s attempt to preserve the system. The purpose of this note is to concisely analyze this far-reaching judgment of the CJEU against the…

Achmea, CJEU, European Law, European Union

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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 relevance under international law, others angrily dismiss it as unreasoned and politically motivated, while many attempts to “bargain” a way out for intra-EU arbitrations under…

Achmea, CJEU, European Convention on Human Rights, European Union

(Wöss & Partners)/ /4 Comments

The Achmea judgment, passed on the 6th of March 2018, and addressed in the Kluwer blog posts available here and here, prompted us to think about what could be the way forward for an effective investment and investor protection within the EU. Now that the CJEU decided that investment treaty arbitration based on intra-EU BITs…

Achmea, Arbitration, Arbitration Awards, BIT, CJEU, European Law, European Union, Investment Arbitration, Slovakia

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On 6 March 2018, the Court of Justice of the European Union issued a long-awaited decision on a preliminary ruling from Germany’s Federal Court of Justice in the Slovak Republic v Achmea case (available here and already addressed in a different KluwerBlog entry here) [Case C-284/16]. By concluding that the arbitration clause in the Slovakia-Netherlands…

Achmea, BIT, CJEU, European Union, Intra-EU BITs

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Linklaters

Introduction In a much anticipated judgment in Slovak Republic v. Achmea B.V. (Case C-284/16), the Court of Justice of the European Union (“CJEU”) ruled yesterday that the arbitration clause contained in Article 8 of the 1991 Netherlands-Slovakia BIT (the “BIT”) has an adverse effect on the autonomy of EU law, and is therefore incompatible with…

Achmea, European Commission, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investor-State arbitration

, , (K&L Gates LLP)/ /Leave a comment

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 either critical or approving, but so far, they have mostly been focused on whether a particular legal point made by the Advocate General was right…

Achmea, BIT, European Commission, European Law, European Union

(LCIA)/ /Leave a comment

I. Introduction On 19 September 2017 the Advocate General (AG) to the Court of Justice to the European Union (CJEU) Melchior Wathelet delivered his long-awaited Opinion in Case C-284/16 Slowakische 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…

BIT, Consent, Damages, Dispute, Investment Arbitration, Uncategorized

(Herbert Smith Freehills LLP)/ /Leave a comment
YIAG

On February 6, 2013, Achmea (a Dutch insurer, better known by its former name, Eureko) initiated UNCITRAL arbitration proceedings against the Slovak Republic on the basis of the Agreement on encouragement and reciprocal protection of investments between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic (the “Netherlands-Slovakia BIT“) [The Agreement on…

Achmea, BIT, Termination

, (Hogan Lovells)/ /Leave a comment

On 6 March 2018, the Court of Justice of the European Union (“CJEU“) issued its long-awaited decision in the Achmea case (C-284/16) between the Slovak Republic and Dutch insurer Achmea BV. In Achmea, the CJEU found investor-state dispute settlement provisions in investment treaties concluded between EU Member States (“intra-EU BITs“) to be incompatible with EU law….

Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS

(Savoie Arbitration) and (Fordham School of Law)/ /Leave a comment
Young ICCA

Recent events such as the NAFTA re-negotiations have drawn leading newspapers around the world to turn their attention to ISDS tribunals. Often in an effort to make their stories sensational, they speak of “obscure tribunals,” “secret trade court,” and “justice behind closed doors,” most of the time giving it an unfair and biased image. In…

Achmea, Arbitration, CJEU, Diversity, Investment Arbitration

(Hanotiau & van den Berg Brussels)/ /Leave a comment

Also reporting: Chuba Nwokedi (Association for International Arbitration), Mateusz Rys (University of Antwerp), Maryam Salehijam (Ghent University), Anmol Sheth (Association for International Arbitration), Arthur Van Den Bossche (University of Antwerp), Antonia Zydek (University of Strathclyde) It has long been said that investment treaty arbitration is at crossroads. This is probably most true within the European…

Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration

(Wöss & Partners)/ /Leave a comment

The first half of the year has been a rollercoaster when it comes to BITs and ISDS, in particular in Europe. Several developments at various levels can be distinguished with one common denominator: for better or for worse, the European Union (EU) and EU law have become one of the key drivers in shaping international…

Arbitration, Arbitration Awards, Enforcement, New York Convention

(University of Miami School of Law International Arbitration Institute)/ /Leave a comment

What Is the Future of the New York Convention as a Primary Means for Enforcement of Arbitral Awards Across the Globe? Is There Any Future at All?1)UNCITRAL will be having several celebrations in June. At these occasions, thought leaders will reflect on the last 60 years and give their prognoses on the next 60 years….

Achmea, Arbitration, Arbitration Awards, BIT, Enforcement, European Law, European Union, International arbitration, Intra-EU BITs, Investment Arbitration, New York Convention

(University of Miami School of Law International Arbitration Institute)/ /Leave a comment

The world after the  Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April 2018, a representative of the EU observed the decision in the Achmea case as one that was perhaps a natural consequence of the intricacies of…

Appointment, Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration

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Jeantet

In the midst of the second edition of the Paris Arbitration Week, Jeantet hosted, on Thursday 12 April 2018, a roundtable on the topic “Arbitrating with States in CEE & CIS”. The speakers of the roundtable were: Cosmin Vasile (Zamfirescu Racoti & Partners), Yas Banifatemi (Shearman & Sterling), Davor Babić (University of Zagreb), Yasmin Mohammad…

Arbitration, Belgium, Document Exchange, International arbitration, Technology, Uncategorized

(Hanotiau & van den Berg)/ /Leave a comment

With the focus of the arbitral community being taken over by the recent discourse surrounding an important branch of international arbitration, i.e., investor state dispute settlement, after the 6 March 2018 Judgment of the Court of Justice of the European Union in Case C-284/16, Slowakische Republik v Achmea BV, there may be a risk today,…