…alternative treaties, ideally involving non-EU member states, given the growing limitations on intra-EU BITs due to the CJEU’s Achmea judgment (covered, here), which has significantly impacted the enforceability of intra-EU…
…her speech discussing Achmea and Komstroy, reminding that tribunals highlighted the key difference of commercial and investment arbitrations: while in the former, a tribunal’s powers derive from party autonomy, in…
…14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the stream of post-Achmea cases involving…
…Court of Justice of the EU decisions in Achmea and Komstroy whilst confusing the “effective application” of EU law (effet utile) with mere “efficiency”, thus paving the way for a…
…The SSC Disregards Achmea and Komstroy Prior to addressing Spain’s arguments, the SSC had to determine the weight that it should give to Achmea and Komstroy. As the SSC recalled,…
In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply…
…refused to enforce them, reasoning that payments may violate EU law, constituting illegal state assistance. Moreover, the Court of Justice of the EU (“CJEU”) in Achmea and later in Komstroy…
…issued two further decisions that widened the scope of Achmea to also cover the ECT and ad hoc investment arbitration agreements (Komstroy and PL Holdings). Since the Achmea judgment, however,…
…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…
…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…
