…of Justice of the EU’s (“CJEU”) decision in Achmea, the Republic of Lithuania concluded that the ICSID tribunal lacked jurisdiction, withdrew its counterclaim, and submitted it to the national courts…
…from their existing treaty obligations. In the aftermath of Achmea, this entrenchment effect clashed with the resolute intention of (most) European Union (EU) Member States to comply with the CJEU’s…
…matters (for related posts on the Achmea judgement click here). This post examines how the Turkish Court of Cassation has interpreted Article 54 of the ICSID Convention in a recent…
…23 EU Member States by signing a multilateral treaty to that effect in the aftermath of Achmea judgment serves as the most prominent example of this route. However, in a…
…Achmea ruling from March 2018 when the CJEU declared intra-EU ISDS clauses incompatible with EU law; (ii) the 2019 political declarations through which some EU Member States announced their intention…
…by the CJEU’s findings in any post-Achmea proceedings. 4) While Achmea is currently seeking to challenge the Supreme Court’s decision before the German Constitutional Court on the basis that the…
…by the investors at a time when EU law was applicable. Contrary to its Advocate General, the Court of Justice considered that the Achmea case law was relevant to the…
…by two German energy companies in light of the Achmea ruling. In November 2021, the German Supreme Court (Bundesgerichtshof – the referring court in Achmea) rejected an appeal against the…
…the jurisdiction of the arbitral tribunal, which, however, were all rejected. It was the 2018 Achmea judgment by the Court of Justice of the EU (CJEU), which provided the justification…
…the CJEU held that ECT intra-EU arbitrations are contrary to EU law. This decision was built on the Achmea decision, where the CJEU found that intra-EU investment agreements and arbitration…
…v. Republic of Kazakhstan, ICSID Case No. ARB/10/16, Award, 1 November 2013, paras. 423-427. See also Achmea B.V. (formerly Eureko B.V.) v. Slovak Republic I, PCA Case No. 2008-13, Final…
…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…
…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…
…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…
