…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…

…the jurisdiction of investor-State tribunals post-Achmea. She built upon her book contribution to explain that investor-State tribunals have repeatedly relied on these same Articles to reject such objections. Even the…

…to allow arbitral tribunals to file a request for preliminary ruling under Article 267 TFEU. Another panelist commented that, in light of Achmea, subsequent developments like Komstroy and—for certain practitioners—the…

…impacted by the application of EU law after Achmea more generally.   Failure to Enforce an Award Can Constitute an Unjustified and Unlawful “Interference” with Possessions The Court’s analysis of…

Achmea and Komstroy judgments. In our view, this marks an overdue recognition that investment tribunals addressing disputes between EU nationals and EU member States cannot ignore the primacy of EU…

Achmea finding the Dutch-Slovak BIT incompatible with the autonomy of EU law, disagreements persisted among EU member states whether the Achmea reasoning applied to the plurilateral ECT as well since…