…Investment Arbitration Dead and Buried: Recapping the CJEU’s Key Decisions The CJEU has in a number of its decisions – Achmea, Komstroy and PL Holdings – confirmed the primacy of…
…issues around immunity and with the (in)famous Achmea decision affecting the enforcement of extra-EU arbitral awards involving European parties. Pacific Islands In 2022, this blog’s coverage of ongoing arbitration…
…the European Union in Komstroy and PL Holdings in which the Court concretized the consequences of its Achmea decision. In Komstroy, the Court held that EU law prevented the resolution…
…intra-EU ISDS offer imminent developments. After the first arbitral tribunal in the SCC case of Green Power v. Spain upholding the effects of Achmea CJEU judgment; the Higher Regional Court…
…was whether a German court has jurisdiction and may (or, in the light of the Achmea case law by the Court of Justice of the European Union: must) decide on…
…contains some interesting thoughts on the ‘desirability’ of the Achmea decision. This blog will discuss the current status of Achmea in the case law of the Court of Justice of…
…Court of Justice of the European Union’s ruling in Achmea and as such the reporting period for this report has likely been less impacted by these developments than might in…
…the jurisdiction of investor-State tribunals post-Achmea. She built upon her book contribution to explain that investor-State tribunals have repeatedly relied on these same Articles to reject such objections. Even the…
…court following a successful injunction by the Netherlands arguing that the dispute is “inadmissible” because it must be considered to be incompatible with the CJEU’s Komstroy and Achmea jurisprudence. Although,…
…the Achmea ruling, for example. Moreover, a valid question for ongoing or future cases is whether investors would have legitimate expectations, from a rule of law perspective, on the recognition…
…to allow arbitral tribunals to file a request for preliminary ruling under Article 267 TFEU. Another panelist commented that, in light of Achmea, subsequent developments like Komstroy and—for certain practitioners—the…
…resolution provisions arises from the fact that, following the Court of Justice of the European Union (CJEU) judgments in Achmea and Komstroy, the Contracting Parties have agreed to amend Article…
…September 2022, 19 SchH 15/21, paras. 38-39. On the merits, the HRC Cologne found that the CJEU rulings in Achmea, Komstroy and PL Holdings, as well as the CJEU’s…
…in the Achmea case, an intra-EU BIT cannot constitute a valid ground for the Arbitral Tribunal’s jurisdiction. La Republique [A] v. Société Groupement [B], Court of Appeal of Paris,…
…issues that have been the subject of inconsistent arbitral awards, clarifying the role of intra-EU investor-State dispute settlement (ISDS) in light of the CJEU’s judgments in Achmea and Komstroy, and…
…impacted by the application of EU law after Achmea more generally. Failure to Enforce an Award Can Constitute an Unjustified and Unlawful “Interference” with Possessions The Court’s analysis of…
…questions such as those raised in the case of Achmea. In conclusion, Ms. Bedard remarked that “we may not know all of the answers but have come to appreciate the…
…Achmea and Komstroy judgments. In our view, this marks an overdue recognition that investment tribunals addressing disputes between EU nationals and EU member States cannot ignore the primacy of EU…
…declare arbitration proceedings inadmissible. An exception to the invalidity of such an intra-EU BIT clause may apply where the (strict) requirements developed in the Achmea, PL Holdings, and Komstroy judgments…
…set forth by the Court of Justice of the European Union (CJEU) in Slovakia v. Achmea, Moldova v. Komstroy and Poland v. PL Holdings (coverage here, here, here and here)….
…compatibility of EU law with the arbitration clause in the Slovakia-Netherlands BIT to the Court of Justice of the European Union (“ECJ”) in Slovakia v. Achmea BV. Now the Higher…
…Achmea finding the Dutch-Slovak BIT incompatible with the autonomy of EU law, disagreements persisted among EU member states whether the Achmea reasoning applied to the plurilateral ECT as well since…
…of Justice of the EU’s (“CJEU”) decision in Achmea, the Republic of Lithuania concluded that the ICSID tribunal lacked jurisdiction, withdrew its counterclaim, and submitted it to the national courts…
…from their existing treaty obligations. In the aftermath of Achmea, this entrenchment effect clashed with the resolute intention of (most) European Union (EU) Member States to comply with the CJEU’s…
