ECJ

2021 in Review, Achmea, ECJ, Energy Charter Treaty, EU Law, Europe, European Union, Micula, Multilateral Investment Court

/ /Leave a comment

Looking back on 2021, one realizes that for those interested in the intersection between EU law and investment arbitration, it was a busy year. As part of our customary “year-in-review” series, this post offers a brief overview of the key investment arbitration-related developments in Europe and their coverage on the Blog. I have grouped these…

CJEU, ECJ, Energy Charter Treaty, European Union, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment

(NL-Investmentconsulting)/ /7 Comments

No doubt, the Energy Charter Treaty (ECT) has become the hottest topic in the investment treaty arbitration world. Not only are EU Member States the most frequent respondent in ECT disputes – for example, the Netherlands has recently received its first ECT claim – but the ECT itself is currently in the middle of a…

Brexit, Brussels Regulation, ECJ, England, EU Law, Europe, European Union, UK, Uncategorized

(Legance Avvocati Associati)/ /Leave a comment

The Brexit clock is ticking and, under the current circumstances, the no deal scenario is being increasingly regarded at least as a concrete option – although the situation is changing on a daily basis and the extension of the two-year term under Article 50 TFEU could provide some breathing room. In the context of the…

Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized

(Vavrovsky Heine Marth)/ /2 Comments

Over the past two months, the judgment by the Court of Justice of the European Union (“CJEU”) in Slovak Republic v Achmea BV, hereinafter referred to as “Achmea”, has created much discussion among arbitration practitioners. Its reasoning and implications have already been addressed in several Kluwer Arbitration blog posts, available here, here and here. The…

Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties

(Colibra Insurance)/ /Leave a comment

Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one begs the question: How this should be perceived in practice?  Because, when interpreting EU law not to be compatible with BIT-based dispute resolution, or vice…

Belgium, CETA, CJEU, ECJ, European Law, European Union, Germany, Intra-EU BITs, The Netherlands, Transatlantic Trade and Investment Partnership, Ukraine, Vietnam

(NL-Investmentconsulting)/ /3 Comments

The recent developments concerning the signature of the Comprehensive Economic Trade Agreement (CETA) between Canada and the EU have illustrated the paralysis and inability of the EU and its Member States to deliver economic prosperity and create jobs – which used to be one of the very reasons for establishing the EU and giving it…

Arbitration, ECJ, Intellectual Property, Intellectual Property Rights

(JAMS International)/ /Leave a comment

As discussed in an earlier post, the Court of Justice of the European Union confirmed that its function is not to review findings of an Arbitrator or his interpretation of a Patent License Agreement: Genentech, Inc. v Hoechst GmbH/ Sanofi Aventis GmbH, Case C-567/14 (Judgment of the Court: 7 July,2016). 1. The Facts The terms…

Arbitral Tribunal, ECJ, Portugal, Preliminary Ruling

(PLMJ - Sociedade de Advogados, RL)/ /Leave a comment

By José Miguel Júdice and Luís Castilho, PLMJ – Sociedade de Advogados Three years after the entry into force of the Portuguese Tax Arbitration Regime, the European Court of Justice (“the Court”) has, in the Ascendi Case (Case 377/13), finally issued a groundbreaking decision regarding the long standing question of whether the Tax Arbitral Court…