The aftermath of Achmea Since the judgment of the Court of Justice of the European Union (CJEU) in Achmea, defending EU Member States and the European Commission have questioned the…

…Repercussions on Funding (or rather Defunding) Intra-EU Disputes Post-Achmea, Lowe stressed that the most import criterion—recoverability—overshadows even the best of potential claims. Achmea triggered shockwaves in the third-party funding industry…

…in Case C-284/16 Slovak Republic v. Achmea BV apparently dashing those hopes. Background In the mid-2000s, many EU states encouraged foreign investors to undertake renewable power projects, particularly solar energy….

Achmea setting aside proceedings were unfolding before the German courts. The moment the German Bundesverfassungsgericht had submitted preliminary questions to the CJEU as to the compatibility of the ISDS provision…

…2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The road the EU has taken…

…“stalemate” to international arbitration that it cannot solve with these go-to tools. The EU and international arbitration’s decades of peaceful coexistence began to change in 2018 with the Achmea decision,…

…eliminated the possibility for EU investors to initiate arbitration proceedings under the ECT against EU MS. While the EC stated in 2018 that the CJEU judgment in the Achmea case…