…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…
…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…
…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…
…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…
…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…
…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…
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)…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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….
…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…
…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…
…“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,…
…Bilateral Investment Treaties: A Spaghetti-Bowl with Fewer Ingredients and More Questions This article deals with the issue of the implementation of the Achmea judgment of the Court of Justice of…
…within the European Union, following the Court of Justice of the European Union’s Achmea judgment and subsequent termination of multiple intra-EU bilateral investment treaties. However, David Attanasio (Associate, Dechert LLP;…
