Achmea, Domestic Courts, International Investment Arbitration, International Investment Law, Intra-EU BIT's, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investment Disputes, National Courts, PL Holdings
Nipping Intra-EU BIT Arbitrations in the Bud: The Republic of Poland v. LC Corp B.V.
In a recent decision (the “Decision“), the Amsterdam Court of Appeal (Gerechtshof Amsterdam) (the “Court”) ordered the claimant in an UNCITRAL arbitration brought against Poland under an intra-EU Bilateral Investment Treaty (“BIT“) to cooperate in terminating an arbitration, subject to a hefty daily penalty. Although there have been many court decisions addressing the enforcement of…