Search Results for: Achmea

Arbitration, Energy, Energy Charter Treaty, Energy Dispute, EU Law, European Law, Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Investor-state tribunals, Italy, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, Renewable energy

(Università degli Studi di Trento)/ /Leave a comment

…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…

Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration

, (Clifford Chance)/ /Leave a comment

…Court of Justice of the EU decisions in Achmea and Komstroy whilst confusing the “effective application” of EU law (effet utile) with mere “efficiency”, thus paving the way for a…

European Investment Law and Arbitration Review

(School of International Arbitration, Queen Mary University of London (QMUL)) and (HHP Chambers)/ /Leave a comment

…issued two further decisions that widened the scope of Achmea to also cover the ECT and ad hoc investment arbitration agreements (Komstroy and PL Holdings). Since the Achmea judgment, however,…

CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy

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

…outside the EU in the wake of the Achmea and Komstroy cases. First, he stated that since Achmea, it has been clear that intra-EU awards stand almost no chance of…

Achmea, Arbitration Awards, Enforcement, International Investment Arbitration, Legitimacy, Paris Arbitration Week

(Africa Global Logistics) and (Laborde Law)/ /Leave a comment

…Hennessee first summarised the reception of Achmea in two words: disappointment and resignation. He noted that in the post-Achmea world, investors have to run risk calculations based on particularities of…

Arbitral Award, Enforcement, Germany, Primacy Principle, Set aside an international arbitral award, Singapore, Transnational Issue Estoppel

(Freshfields)/ /Leave a comment

…Union’s decision in Achmea. The FCJ declined to apply the Achmea rule to BITs concluded between an EU Member State and a third country, and rejected India’s challenge (Beschluss des…

Achmea, Amicus Curiae, Energy Charter Treaty, Enforcement, Intra-EU Investment Arbitration, Intra-EU ISDS, Set aside an arbitral award, Spain

, (BakerHostetler)/ /Leave a comment

…of Justice of the European Union (“CJEU”) in Achmea and Komstroy had retroactively vitiated Spain’s consent to arbitration with investors from other member states, under both bilateral investment treaties and…

European Commission, European Union, Investment protection, Investor-State arbitration, Model Clauses

, , (Herbert Smith Freehills LLP)/ /Leave a comment

…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…

Energy Charter Treaty, modernisation process, Washington Arbitration Week

(Derains&Gharavi, KU Leuven) and (Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

…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…

Constitutional Court, Constitutional proceeding, Ecuador, ICSID, ICSID Arbitration

(MIDS - Geneva Center for International Dispute Settlement)/ /Leave a comment

…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…

Australia, Energy Charter Treaty, Enforcement, ICSID Convention, Intra-EU ISDS, Investor-State arbitration, State Immunity

, (Banco Chambers)/ /Leave a comment

…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…

Climate change, ECT Withdrawal, Energy Charter Treaty, Energy Dispute, Enforceability, Enforcement, ESG, Europe, LIDW 2023, Political Risk Insurance, Ukraine, War

, / /Leave a comment

…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…