…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…

…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…

…“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,…

…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;…

…the contentious Achmea v Slovak Republic (C-284/16) ruling (“Achmea ruling”), where the European Court of Justice determined that investor-State arbitration clauses in intra-EU BITs violate fundamental principles of autonomy and…

…concern of the Court of Justice of the European Union in its Achmea decision, they will not promote an “ever closer Union”. If intra-EU BITs are unnecessary in a single…

…2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The road the EU has taken…