…when the (potential) candidate accedes to the EU. This is in line with the CJEU’s ruling in Achmea (C-284/16), deciding that investor-State arbitration under intra-EU BITs is incompatible with EU…
…in interpreting international treaties that might come in conflict with the EU law. She recalled the CJEU’s ruling in Achmea, the first judgment in which the CJEU ruled on the…
…of Intra-EU Arbitral Awards: Latest Developments from the UK, Australia, the US and EU”, moderated by David Herlihy (Allen & Overy). Comparing the post-Achmea saga of intra-EU investment treaty arbitrations…
…intra-EU arbitral awards in the U.S. after the European Court of Justice’s decisions in Achmea and Komstroy. United States Supreme Court In Coinbase Inc,. v. Bielski, No. 22-105 (U.S. 2023),…
…arise for arbitration on the aftermath of the Achmea decision of the Court of Justice of the European Union (“CJEU”) and that the coordinated withdrawal of EU member states from…
…consultations on reform of the Arbitration Act 1996. Another hot topic is the impact of Achmea, Komstroy, and the treaty terminating intra-EU BITs. Ms. Michou noted that for pending cases,…
…59;Achmea B.V. v. The Slovak Republic (I), para. 223; and Fynerdale Holdings v. The Czech Republic, para. 264.b). Therefore, and contrary to the Court’s decision, the agreement between the investor…
…LLC [2021] 4 WLR 132 and Slovak Republic v Achmea BV [2018] 4 WLR 87, holding that the relevant agreement (for the purpose of submission to the jurisdiction of the…
…in an intra-EU bilateral investment treaty (“intra-EU BIT”), and the arbitration clause (Article 26) in the ECT (when applied to intra-EU disputes), is contrary to EU law (Achmea; Komstroy; Opinion…
…its seminal Achmea judgment. A multitude of proceedings followed in Achmea’s aftermath. Both the CJEU and national courts inside and outside the EU had to clarify what Achmea means in…
…CJEU cases such as Achmea, Komstroy, and PL Holdings, which establish that disputes between a Member State and an investor from another Member State under the Energy Charter Treaty cannot…
…is commercial rather than sovereign. She finally mentioned that the jurisdictional landscape has changed rapidly after the Slovak Republic v. Achmea B.V. (“Achmea”) and the République de Moldavie v Komstroy…
…the latter by the ultimate shareholder of CME; and attempts to resort to remedies not provided for in international investment agreements (“IIAs”), such as in the Achmea v. Slovak Republic…
…more attractive as seats of international arbitrations. Speaking of the divergence in arbitrator practice post-Achmea, Judge Kodek expressed discomfort with those arbitrators who have stated that they do not feel…
…Achmea, Komstroy and PL Holdings. It noted that, in Komstroy, the CJEU re-affirmed its conclusion in Achmea that an international agreement cannot infringe on the allocation of powers laid down…
…purposes of the dispute. Additionally, as has been widely reported, the CJEU clarified that its reasoning in the Achmea ruling regarding the intra-EU objection extended to the ECT. The referral…
…the 2018 Achmea decision of the European Court of Justice, the arbitration provision in Art. 26 of the Energy Charter Treaty did not constitute a valid agreement binding the parties…
…law applied ratione temporis and that its ruling in Achmea was applicable. In light of this finding, the case was referred back to the GCEU and is still pending. Meanwhile,…
…broadly: first, the early cases against Hungary, second, Micula, Achmea, and the following developments regarding the intra-EU ISDS policies, third, Vattenfal and the public outrage against the challenge to the…
…on Arbitration in France In line with the ECJ’s recent rulings in Achmea, Komstroy and PL Holdings, two investment awards were set aside based on the intra-EU argument, taken as…
…that the EU’s assertive policy measures in the field of investment arbitration, particularly following Achmea and Komstroy, has been criticised, as it has pursued the termination of intra-EU ISDS on…
…Canada and the European Union and its member states. Inevitably, the decision has been compared with Achmea and CJEU Opinion 1/17. This post looks at the legislative cure the Supreme…
…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…
