…states following the Court of Justice of the European Union’s (“CJEU’s”) judgments in Achmea and Komstroy. It explains how, rather than generate backlash, those judgments received widespread support from the…
…can directly enforce a CAS award itself. Accordingly, drawing from the CJEU’s findings in International Skating Union – but rejecting parallels with the CJEU’s decisions in Achmea and PL Holdings…
…meaning of the Achmea decision of the Court of Justice of the European Union (judgment of March 6, 2018, Case C-284/16) must be refused because of the absence of a…
…v. Spain: No Achmea Defense to Enforcement Jurisdiction, but Likely No “Anti” Anti-Suit Injunctions Either Since 2018, when the Court of Justice of the European Union ruled in the Achmea…
…Justice of the European Union (“CJEU”), Achmea (C-284/16) and Komstroy (C-741/19), and held that CJEU case law was not binding on the SFSC as a Swiss court reviewing the jurisdiction…
…list of topics for modernisation did not include Article 26 of the ECT. Following several rulings of the Court of Justice of the European Union (“CJEU”) (notably in Achmea and…
…US courts have jurisdiction to enforce such awards under the Foreign Sovereign Immunities Act (“FSIA”), despite Spain’s reliance on the Achmea and Komstroy rulings from the Court of Justice of…
…the arbitral award in Achmea v. Slovakia (“BGH Order”). On 12 December 2018, Achmea filed a constitutional complaint before the BVG challenging the BGH Order. Achmea complained, inter alia, that…
…enforcement of intra-EU awards within the EU as opposed to outside the EU. Within the EU, domestic courts of EU Member States have been faithfully implementing the CJEU’s Achmea, Komstroy,…
…of the Swiss Supreme Court on the applicability of the Achmea judgment, the role of Artificial Intelligence in international arbitration, the energy transition and the adoption of the modernized Energy…
…Slovak Republic v. Achmea (“Achmea”) and Republic of Moldova v. Komstroy LLC (“Komstroy”) cases, effectively invalidating the ECT’s investor-State dispute settlement (“ISDS”) provision for disputes between nationals of one EU…
…competence to review measures pre-dating Romania’s accession to the EU and distinguishing the case from Achmea (see our previous coverage here). However, the investors’ initial success before the EU court…
…consent to arbitrate disputes arising out of the BIT. Achmea challenged the BGH’s decision by way of constitutional complaint with the German Federal Constitutional Court (“BVG”). In addition, Achmea filed…
…state’s right to be heard. Among its jurisdictional objections, the state invoked the ruling of the Court of Justice of the EU (CJEU) in the Achmea case and claimed that…
…Harry Nettlau, Willkie Farr & Gallagher LLP, ITA Reporters for Germany In its Achmea and Komstroy decisions, the Court of Justice of the European Union (‘CJEU’) established that intra-EU arbitration…
There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union (“CJEU”) with its Achmea decision leading…
…initiative which, as well known, only developed after the 2018 Achmea judgement. Regrettably, this possible dark fate for the ECT materialized on 30 May 2024 with the Belgian presidency’s announcement…
…that EU law prohibits arbitral tribunals from exercising jurisdiction in intra-EU ECT arbitrations (see e.g., Electrabel, paras. 4.89-4.110; Vattenfall, paras. 80-91). Following the CJEU’s 2018 Achmea judgment, which ruled that…
…and commercial arbitration established in Achmea and may thus complicate the enforcement of commercial arbitration awards involving EU competition law. Sassoon shared insights from her recent “Empirical Analysis of National…
…concluded between EU member states and in the ECT violate EU law and must not be applied (Achmea; Komstroy). Following Spain’s refusal to pay, RWE initiated enforcement proceedings in the…
…after the Achmea and Komstroy decisions of the Court of Justice of the European Union (“CJEU”). London as a favoured seat for arbitration proceedings The Europe horizon scanning session…
…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…
