From the Editors of Kluwer Arbitration Blog: 2021
…the new Rules will happen in 2022. We have continued to reflect the developments post-Achmea before the Court of Justice of the European Union (‘CJEU’) in 2021. The judgment in…
Search Results for: achmea
State Aid Unravels Everything: The Νοt (Quite) Binding Effect of Energy Arbitration in Greece
…General Court’s appraisal, this is not one… This judgment is not a standalone one, when it comes to arbitration in the EU. The emblematic Achmea (C-284/16) (see for Blog’s coverage…
CJEU Extends Achmea to Ad Hoc Arbitration Agreements Identical to Intra-EU BITs’ Arbitration Clause
…from concluding with investors from another EU Member State an ad hoc arbitration agreement identical to an arbitration clause of an international treaty deemed invalid under the CJEU’s Achmea case…
CJEU Ruling in Moldova v. Komstroy: the End of Intra-EU Investment Arbitration Under the Energy Charter Treaty (and a Restrictive Interpretation of the Notion of Protected Investment)
…and 26(1) ECT. Just three and a half years after the Achmea decision, the CJEU continues to reshape the intra-EU investment dispute settlement landscape. In a much awaited decision, it…
Achmea, Arbitration Proceedings, Climate change, Energy Charter Treaty, International arbitration, Investment Arbitration, ISDS, Netherlands, Paris Agreement
The Netherlands Coal Phase-Out and the Resulting (RWE and Uniper) ICSID Arbitrations
…Energy Charter Treaty with EU law in light of the ECJ judgment in the Achmea matter; and a State’s right to regulate to achieve climate change goals. RWE and…
Advocate General Szpunar in Micula: Achmea Irrelevant, but Commission Competent to Assess Award under EU State Aid Law
…on Achmea appeared during the proceedings in Luxembourg. The General Court had briefly addressed the point, dismissing the relevance of Achmea to the Micula case. Since the General Court had…
Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL
RWE and Uniper: Can (German) Courts Assess the Jurisdiction of ICSID Arbitral Tribunals?
…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…
Achmea, Corporate Social Responsibility, European Convention on Human Rights, European Court of Human Rights, ISDS, Third party funding
Investor Protection in Europe: What does the Future Hold?
…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…
CJEU, Energy Charter Treaty, European Law, European Union, Intra-EU ISDS, Investment Arbitration, Investment Disputes
AG Szpunar’s Opinion in Case C-741/19: Preparing the End of Intra-EU Investment Arbitration Under the Energy Charter Treaty?
…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…
LIDW 2021: Challenges and Opportunities in Investor-State Dispute Settlement
…Charter Treaty (ECT). Indeed, while it has not been affected by Achmea judgment, modernisation process has started. Further, one must also keep an eye on Court of Justice of the…
Is there Room to Hope for Non-Treaty-Based ISDS in the EU? Remarks on AG Kokott’s Opinion in Case C-109/20 Poland v. PL Holdings
Many have long feared that the end of intra-EU BIT arbitration brought about by Achmea would soon be followed by the end of contract-based intra-EU ISDS. Although Advocate General (AG)…
CJEU, Energy Charter Treaty, International arbitration, International Investment Arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Investment Arbitration
Moldova v. Komstroy and the Future of Intra-EU Investment Arbitration under the Energy Charter Treaty: What Does the ECT’s Negotiating History Tell Us?
…EU economies. The Court of Justice of the European Union’s (CJEU) Achmea ruling (C-284/16, 2018), partially, resolved this long-standing debate in that it found intra-EU investment agreements and arbitration provisions…
CJEU, ECJ, Energy Charter Treaty, European Union, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment
Is the Court of Justice of the EU the Ultimate Judge of the ECT?
…after the Achmea judgment was rendered, the fact remains that the Achmea judgment does not refer with a single word to the ECT. So, the question arises: how is it…
Kluwer Arbitration Horoscope
…the world really need a “Zack Snyder cut” of Achmea? In 2021, your best days for a hearing are during the week of October 11. Avoid all the others. Consider…
ASIL DRIG: The Future of Investor-State Dispute Settlement under the Energy Charter Treaty
…to the applicability of Achmea to the ECT; Hungary submitted that Achmea does not concern the ECT, while Sweden, Finland, Luxembourg, Malta, and Slovenia declared that Achmea is silent on…
Achmea, Arbitration Institutions and Rules, ECT Modernisation, Energy Charter Treaty, Environment, European Union, International arbitration, Investment Arbitration
The EU’s Bittersweet Proposal to Redefine ‘economic activity’ under the Energy Charter Treaty: Expected Implications for International Arbitration
…eliminated the possibility for EU investors to initiate arbitration proceedings under the ECT against EU MS. While the EC stated in 2018 that the CJEU judgment in the Achmea case…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 87, Issue 1 (February 2021)
…international setting as well. Benjamin Williams, Qualifying Achmea: Investor-State Arbitration, Jurisdictional Conflict and EU Decision-Making In 2019, the European Court of Justice shocked the arbitration community with the release…
2020 In Review, Arbitration Agreement, Consent, Equal Treatment, Good Faith, Interim Award, Interpretation of Contracts, Partial award, Res Judicata, Right to be heard, Switzerland
Decisions of the Swiss Federal Supreme Court in 2020
…source of arbitration law as such. In accordance with the above principles, the appellant Czech Republic could not rely on the Achmea decision of 6 March 2018 (Case C-284/16), nor…
Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration
Investment Protection in the EU-UK Trade and Cooperation Agreement
…here, in its Opinion 1/17 of 30 April 2019, the CJEU distinguished such investment court systems from the conclusions it reached in Achmea with respect to arbitral tribunals established under…
From the Editors of Kluwer Arbitration Blog: 2020
…Nonetheless, 2020 has seen other significant developments above and beyond covid-19: new institutional arbitration rules of LCIA and ICC; the revival of the Yukos awards; the aftermath of Achmea and…
2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos
2020 in Review: Despite a Global Pandemic, Europe Saw Some Action-Packed Arbitration Developments
…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….
Does the Advocate General’s Opinion Provide Clarity on the Validity of Intra-EU ECT Investor-State Arbitral Awards?
…Consequences of the Achmea Judgment and on Investment Protection agree with the European Commission. However, those favouring a narrow reading of Achmea have pointed to its concluding paragraph in which…
Belgium Seeks CJEU’s Opinion on the Future Interaction between a Modernised ECT and EU law
…legal certainty” and that it puts the question to the Court “in a neutral manner”, without taking a stand on the issue. Are the CJEU’s Achmea findings applicable to…
New York Arbitration Week Revisited: Perspectives from the Annual Fordham International Arbitration and Mediation Conference
…“stalemate” to international arbitration that it cannot solve with these go-to tools. The EU and international arbitration’s decades of peaceful coexistence began to change in 2018 with the Achmea decision,…