…by the CJEU’s findings in any post-Achmea proceedings. 4) While Achmea is currently seeking to challenge the Supreme Court’s decision before the German Constitutional Court on the basis that the…

…the jurisdiction of the arbitral tribunal, which, however, were all rejected. It was the 2018 Achmea judgment by the Court of Justice of the EU (CJEU), which provided the justification…

…v. Republic of Kazakhstan, ICSID Case No. ARB/10/16, Award, 1 November 2013, paras. 423-427. See also Achmea B.V. (formerly Eureko B.V.) v. Slovak Republic I, PCA Case No. 2008-13, Final…

…be seen. The German courts’ U-turn since Achmea is particularly remarkable. The HRC Frankfurt’s finding in Raiffeisen endorsing the CJEU’s Achmea judgment essentially reverses its original view in the (likewise…

…Repercussions on Funding (or rather Defunding) Intra-EU Disputes Post-Achmea, Lowe stressed that the most import criterion—recoverability—overshadows even the best of potential claims. Achmea triggered shockwaves in the third-party funding industry…

…In its widely discussed landmark Achmea judgment, the Court of Justice of the European Union (CJEU) found that the ISDS clause contained in the Dutch-Slovakian bilateral investment treaty (BIT) was…