…CJEU cases such as Achmea, Komstroy, and PL Holdings, which establish that disputes between a Member State and an investor from another Member State under the Energy Charter Treaty cannot…
…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…
…the latter by the ultimate shareholder of CME; and attempts to resort to remedies not provided for in international investment agreements (“IIAs”), such as in the Achmea v. Slovak Republic…
…more attractive as seats of international arbitrations. Speaking of the divergence in arbitrator practice post-Achmea, Judge Kodek expressed discomfort with those arbitrators who have stated that they do not feel…
…Achmea, Komstroy and PL Holdings. It noted that, in Komstroy, the CJEU re-affirmed its conclusion in Achmea that an international agreement cannot infringe on the allocation of powers laid down…
…purposes of the dispute. Additionally, as has been widely reported, the CJEU clarified that its reasoning in the Achmea ruling regarding the intra-EU objection extended to the ECT. The referral…
…the 2018 Achmea decision of the European Court of Justice, the arbitration provision in Art. 26 of the Energy Charter Treaty did not constitute a valid agreement binding the parties…
…law applied ratione temporis and that its ruling in Achmea was applicable. In light of this finding, the case was referred back to the GCEU and is still pending. Meanwhile,…
…broadly: first, the early cases against Hungary, second, Micula, Achmea, and the following developments regarding the intra-EU ISDS policies, third, Vattenfal and the public outrage against the challenge to the…
…on Arbitration in France In line with the ECJ’s recent rulings in Achmea, Komstroy and PL Holdings, two investment awards were set aside based on the intra-EU argument, taken as…
…that the EU’s assertive policy measures in the field of investment arbitration, particularly following Achmea and Komstroy, has been criticised, as it has pursued the termination of intra-EU ISDS on…
…Canada and the European Union and its member states. Inevitably, the decision has been compared with Achmea and CJEU Opinion 1/17. This post looks at the legislative cure the Supreme…
…Investment Arbitration Dead and Buried: Recapping the CJEU’s Key Decisions The CJEU has in a number of its decisions – Achmea, Komstroy and PL Holdings – confirmed the primacy of…
…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 European Union in Komstroy and PL Holdings in which the Court concretized the consequences of its Achmea decision. In Komstroy, the Court held that EU law prevented the resolution…
…intra-EU ISDS offer imminent developments. After the first arbitral tribunal in the SCC case of Green Power v. Spain upholding the effects of Achmea CJEU judgment; the Higher Regional Court…
…was whether a German court has jurisdiction and may (or, in the light of the Achmea case law by the Court of Justice of the European Union: must) decide on…
…contains some interesting thoughts on the ‘desirability’ of the Achmea decision. This blog will discuss the current status of Achmea in the case law of the Court of Justice of…
…Court of Justice of the European Union’s ruling in Achmea and as such the reporting period for this report has likely been less impacted by these developments than might in…
…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…
…court following a successful injunction by the Netherlands arguing that the dispute is “inadmissible” because it must be considered to be incompatible with the CJEU’s Komstroy and Achmea jurisprudence. Although,…
…the Achmea ruling, for example. Moreover, a valid question for ongoing or future cases is whether investors would have legitimate expectations, from a rule of law perspective, on the recognition…
…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…
…resolution provisions arises from the fact that, following the Court of Justice of the European Union (CJEU) judgments in Achmea and Komstroy, the Contracting Parties have agreed to amend Article…
