…arbitration clause of the Energy Charter Treaty. The CJEU has also determined that this incompatibility extends to arbitrations governed by the ICSID Convention: in Micula, the Court ruled that as…
…inter-se agreement regarding the ECT and the CJEU’s Micula judgment, this Compliance Report and the Index will be updated and incrementally expanded by including more countries on an annual basis….
…outside the EU, e.g., in the Micula case, the UK Supreme Court held, inter alia, that “arbitration awards under the ICSID Convention should be enforceable in the courts of all…
…2022 appeal ruling in Micula (I), confirmed that the arbitration clause in Article 26 of the ECT was incompatible with EU law and could not serve as a valid basis…
…A1P1 rights. Objections of this kind fall within the territory covered in well-known intra-EU ISDS cases such as Micula (see here). Bringing Rights into the Balance Turning to whether…
…referenced the ECJ’s decision in Micula from January 2022. Yet the court held that these decisions do not deal with the procedural rules of the ZPO and their applicability in…
…stance is the case Micula v Romania. Here, the Supreme Court decided whether enforcement proceedings against Romania could continue, even if such enforcement implied that the State would breach its…
…Commissa v Pemex (2008), The Micula brothers in the Micula saga were also successful in having their ICSID award entered into judgment before the Court of Appeals for the District…
…compensation paid by Romania to the Micula brothers, in implementation of a 2013 ICSID award rendered under the 2002 Sweden-Romania BIT, was constitutive of state aid. As opposed to the…
…since 2014) was also marked by another episode of the Micula saga. The CJEU has pending (C-638/19) before it the European Commission’s request to annul the General Court’s judgement, which…
…Micula award because that would supposedly constitute new, illegal state-aid. The Micula brothers have successfully brought an action against the European Commission before the General Court of Justice of the…
…be completed in June 2022. Although the Advocate General Szpunar, in his opinion in Micula, has highlighted that Achmea is irrelevant in the context of this case, the CJEU, in…
…aid law. On 1 July 2021, Advocate General Szpunar issued his opinion in Micula, advising the Court of Justice of the European Union (‘CJEU’) to set aside the Micula judgment…
…be aware that further trouble likely awaits at the enforcement stage. One may recall the Commission’s (in)famous decision in 2015, prohibiting Romania from complying with the Micula v. Romania (I)…
…favourable location for companies making outward investments. Also, he commented on the UK Supreme Court decision in Micula from early 2020. In this decision, the UK Supreme Court found that…
…early 2020 in the Micula case, i.e. with respect to an ICSID award rendered by a tribunal constituted under the 2002 Sweden-Romania BIT, that the UK’s enforcement obligations under the…
…Micula cases; the Treaty for the termination of the intra-EU BITs entered into force on 29 August 2020; the ongoing modernisation of the Energy Charter Treaty (ECT), including the latest…
…still dealing with the aftermath of the Achmea case. In this context, probably the most discussed development on the Old Continent has been the case of Micula and others v….
…local courts in related enforcement proceedings, as happened in Micula v Romania. It remains to be seen whether the Agreement, effectively seeking to nullify Party consent to disputes initiated after…
…Convention even in the face of possibly conflicting obligations of EU law, as evidenced by the recent Micula judgment in the UK Supreme Court. The prospect of Brexit-related investment…
…enforceability of intra-EU awards in the U.S. In a May 26, 2020 post, Seung-Woon Lee analyzes two recent rulings by the D.D.C., Micula v Romania, Case No. 17-cv-02332 (D.D.C. Sept….
…under a BIT or the ECT, the courts did not answer this question. Rather the court conducted a “case-specific analysis” in Micula. Thus, after Micula, it remains an open question…
…arbitrations result in an award that is not to its liking, as it did in the Micula case (Cases T‑624/15, T‑694/15 and T‑704/151)Technically the cases were brought by the Micula…
…whether it had the power to stay the proceedings to enforce the Micula award until the final ruling of the CJEU on whether the Micula award amounted to illegal state…
