Washington Arbitration Week: Is the EU a Recalcitrant Entity?
…Commissa v Pemex (2008), The Micula brothers in the Micula saga were also successful in having their ICSID award entered into judgment before the Court of Appeals for the District…
Search Results for: micula
Was the European Commission Right to Qualify the Micula Award as State Aid? The Question is Referred Back to the EU General Court
…compensation paid by Romania to the Micula brothers, in implementation of a 2013 ICSID award rendered under the 2002 Sweden-Romania BIT, was constitutive of state aid. As opposed to the…
2021 in Review, Achmea, ECJ, Energy Charter Treaty, EU Law, Europe, European Union, Micula, Multilateral Investment Court
2021 in Review: Key Investment-Arbitration Developments in Europe
…since 2014) was also marked by another episode of the Micula saga. The CJEU has pending (C-638/19) before it the European Commission’s request to annul the General Court’s judgement, which…
ECT Modernisation, Energy Charter Treaty, EU Law, EU Permanent Court, Regime Interaction, Regime Interaction in Investment Arbitration
Regime Interaction in Investment Arbitration: EU Law; From Peaceful Co-Existence to Permanent Conflict.
…Micula award because that would supposedly constitute new, illegal state-aid. The Micula brothers have successfully brought an action against the European Commission before the General Court of Justice of the…
From the Editors of Kluwer Arbitration Blog: 2021
…be completed in June 2022. Although the Advocate General Szpunar, in his opinion in Micula, has highlighted that Achmea is irrelevant in the context of this case, the CJEU, in…
Advocate General Szpunar in Micula: Achmea Irrelevant, but Commission Competent to Assess Award under EU State Aid Law
…aid law. On 1 July 2021, Advocate General Szpunar issued his opinion in Micula, advising the Court of Justice of the European Union (‘CJEU’) to set aside the Micula judgment…
Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL
RWE and Uniper: Can (German) Courts Assess the Jurisdiction of ICSID Arbitral Tribunals?
…be aware that further trouble likely awaits at the enforcement stage. One may recall the Commission’s (in)famous decision in 2015, prohibiting Romania from complying with the Micula v. Romania (I)…
LIDW 2021: Challenges and Opportunities in Investor-State Dispute Settlement
…favourable location for companies making outward investments. Also, he commented on the UK Supreme Court decision in Micula from early 2020. In this decision, the UK Supreme Court found that…
Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration
Investment Protection in the EU-UK Trade and Cooperation Agreement
…early 2020 in the Micula case, i.e. with respect to an ICSID award rendered by a tribunal constituted under the 2002 Sweden-Romania BIT, that the UK’s enforcement obligations under the…
From the Editors of Kluwer Arbitration Blog: 2020
…Micula cases; the Treaty for the termination of the intra-EU BITs entered into force on 29 August 2020; the ongoing modernisation of the Energy Charter Treaty (ECT), including the latest…
2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos
2020 in Review: Despite a Global Pandemic, Europe Saw Some Action-Packed Arbitration Developments
…still dealing with the aftermath of the Achmea case. In this context, probably the most discussed development on the Old Continent has been the case of Micula and others v….
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Enforcement, International arbitration, Investment Arbitration
Agreement on the Termination of Intra-EU BITs: Sunset in Stone?
…local courts in related enforcement proceedings, as happened in Micula v Romania. It remains to be seen whether the Agreement, effectively seeking to nullify Party consent to disputes initiated after…
Brexit, EU-UK dispute settlement, International Commercial Arbitration, International Investment Arbitration, Investment Arbitration, Public international law
What Impact Will Brexit Have On Public International Law In The UK?
…Convention even in the face of possibly conflicting obligations of EU law, as evidenced by the recent Micula judgment in the UK Supreme Court. The prospect of Brexit-related investment…
Enforceability of Intra-EU Awards at the U.S. District Court for the District of Columbia: The Spanish Cases
…enforceability of intra-EU awards in the U.S. In a May 26, 2020 post, Seung-Woon Lee analyzes two recent rulings by the D.D.C., Micula v Romania, Case No. 17-cv-02332 (D.D.C. Sept….
Achmea, Energy Charter Treaty, Enforceability, Enforcement, ICSID, Intra-EU BITs, Intra-EU Investment Arbitration, USA
Enforcing Intra-EU Dispute Awards in the United States after Achmea
…under a BIT or the ECT, the courts did not answer this question. Rather the court conducted a “case-specific analysis” in Micula. Thus, after Micula, it remains an open question…
International Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Sunset clauses
Termination of Intra-EU BITs: Commission and Most Member States Testing the Principle of Good Faith under International Law
…arbitrations result in an award that is not to its liking, as it did in the Micula case (Cases T‑624/15, T‑694/15 and T‑704/151)Technically the cases were brought by the Micula…
Achmea, Enforcement, English courts, EU Withdrawal Act, Intra-EU BITs, Intra-EU ISDS, Investment Arbitration, UK, UK Supreme Court
Enforcement of Intra-EU BIT and ECT Awards in the UK Post Micula
…whether it had the power to stay the proceedings to enforce the Micula award until the final ruling of the CJEU on whether the Micula award amounted to illegal state…
Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention
…ICSID Convention could not be affected by the EU duty of sincere co-operation (in this case, the question of whether the award obtained by the Micula brothers against Romania constitutes…
2019 in Review: Investment Arbitration in Europe
…saga produced its stages during 2019: the Micula dispute, which has touchpoints with the Achmea judgment and the EU-investment arbitration tensions. The EU General Court upheld the Micula application and…
Achmea, Arbitration, BIT, European Law, International arbitration, Intra-EU BITs, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investor-State arbitration, Sunset clauses
The EU Plurilateral Draft Termination Agreement for All Intra-EU BITs: An End of the Post-Achmea Saga and the Beginning of a New One
…The latter apparently aims to ensure that State aid Decisions of the European Commission, like the ones in the famous Micula case, are not ignored by the facilitator. Finally, the…
Navigating Through Stormy Seas: The UK Supreme Court Hears the Micula Case
…the Micula brothers, Romania, and the EU have combined to serve up a host of delicate questions for the court to navigate. The Micula Saga Much has been written…
Micula Case: The General Court Quashes the Commission’s Decision and Rules that the Award is Not State Aid
In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million…
LIDW 2019: International Investment Disputes, 7 May 2019
…the arbitral award rendered in Micula v. Romania. On this final point, Siddharth stressed that the consequences of Brexit will likely depend on what the withdrawal agreement negotiated between the…
Legal Shrapnel: Brexit, Micula and Europe’s Banker
…unexpected (which, ironically, is inevitable). Enforcing Micula Here is one example of the unexpected scenarios: The state of the enforcement of the Micula ICSID Award in the High Court in…