European Court of Justice

EU Competition Law, EU Law, Europe, European Court of Justice, European Law, European Union, Micula, State Aid

(Curtis, Mallet-Prevost, Colt & Mosle)/ /Leave a comment

On October 2, 2024, the EU General Court delivered a much-anticipated decision in the long‑running Micula saga, upholding the European Commission’s qualification of the award in Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania [I] as State aid. Coming after more than 10 years of litigation…

Conference, ECT Modernisation, Energy Charter Treaty, England, English Arbitration Act, English courts, English Law, EU Law, Europe, European Court of Justice, LIDW 2024, UK

(Bucerius Law School), (Avizor Advocates & Arbitrators), (BonelliErede), and (Quinn Emanuel Urquhart & Sullivan)/ /Leave a comment

The role of the United Kingdom (“UK”), particularly London, and of the European Union (“EU”) in the landscape of investment arbitration has been a central topic of discussions during the London International Dispute Week 2024 (“LIDW”). This post aims to provide a non-exhaustive account of some of the events which tackled this theme. On the…

CJEU, ECT Withdrawal, Energy Charter Treaty, EU Law, European Court of Justice

(LALIVE)/ /Leave a comment

In a judgment dated 3 April 2024, the Swiss Supreme Court (the “SSC”) rejected Spain’s challenge of an arbitral award rendered in an intra-EU arbitration under the Energy Charter Treaty (the “ECT”). This post addresses the most salient point of this decision, i.e. the SSC’s rejection of the Achmea and Komstroy judgments of the Court…

Achmea, Brexit, Enforcement, English courts, European Commission, European Court of Justice, Micula, Sweden, UK Supreme Court

, , (Vinge)/ /Leave a comment

In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply with its obligations under EU law (the “CJEU Judgment”). A casual reader may wonder how this could be. After all, the UK officially left the…

CAS arbitration, Court of Arbitration for Sport, EU Competition Law, EU Law, European Court of Justice, Sport arbitration

(University of Zurich)/ /Leave a comment

The review mechanism of sports arbitration in Switzerland is under scrutiny. After previous criticism from a human rights perspective, the Court of Justice of the European Union (“CJEU”), in its recent International Skating Union (“ISU”) decision, found that the standard of review applied by the Swiss Federal Court (“SFC”) to mandatory arbitration awards by the…

Achmea, ECT Modernisation, European Court of Justice, European Union, Fair and Equitable Treatment, fossil fuels phase out, Investor-State arbitration, ISDS Reform, right to regulate, Treaty Making

(Seven Summits Arbitration), (University of Copenhagen), and (Hasselt University )/ /Leave a comment

The Centre for International Law and Governance, University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, recently hosted an expert roundtable on “The Energy Charter Treaty (ECT) at a Crossroads”. The discussion, moderated by the three authors of this post, focused on the relationship between investor-state dispute settlement (ISDS), investment protection, modernization…