…effects of the Achmea decision on the non-compatibility of arbitration clauses contained in intra-EU Bilateral Investment Treaties with EU law (Court of Justice of the European Union (CJEU) Case C-284/16)…
…even considered to be a part of the EU judicial system (C-284/16 Achmea, para. 58; 102/81 Nordsee, paras. 12-14). Therefore, the rationale for extending a similar duty on arbitral tribunals…
…(now, Achmea BV v. the Slovak Republic), the European Commission stated that Eventually, all intra-EU BITs will have to be terminated. Commission services intend to contact all Member States again,…
…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….
The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27,…
Much has been written – on this page and elsewhere – about the future viability of investor-state arbitration based on intra-EU BITs in the aftermath of the CJEU’s Achmea decision….
…within the European Union, following the Court of Justice of the European Union’s Achmea judgment and subsequent termination of multiple intra-EU bilateral investment treaties. However, David Attanasio (Associate, Dechert LLP;…
…also Europe and the U.S. In Europe, the Achmea decision of the European Court in 2018 and the subsequent termination of all intra-EU BITs have caused significant upheaval. The EU…
…Nonetheless, 2020 has seen other significant developments above and beyond covid-19: new institutional arbitration rules of LCIA and ICC; the revival of the Yukos awards; the aftermath of Achmea and…
…include the CJEU’s decision in the Achmea matter and AG Wathelet’s opinion. A comment on this opinion and the Court’s decision will be published in a future issue of our…
