Much has been written – on this page and elsewhere – about the future viability of investor-state arbitration based on intra-EU BITs in the aftermath of the CJEU’s Achmea decision….
…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…
…and obligations that are binding on all EU Members, including the Achmea decision. Once more, this tribunal also rejected the “Achmea-objection”. Thus, despite 23 EU Member States having signed a…
…even considered to be a part of the EU judicial system (C-284/16 Achmea, para. 58; 102/81 Nordsee, paras. 12-14). Therefore, the rationale for extending a similar duty on arbitral tribunals…
…2020 on the legal consequences of the Achmea judgment. In the Declaration of the Member States of 15 January 2019 on the legal consequences of the Achmea judgment and on…
…(see prior posts here and here) are expected to conclude soon. The choice of this venue as the default enforcement court persists, notwithstanding the potential implications of Achmea to the…
…Micula argued that Achmea does not apply because: (1) Romania acceded to EU after the ICSID proceeding commenced, whereas the Slovak Republic in Achmea was already part of the EU…
…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…
…Federal Civil Court’s confirmation of the CJEU’s Achmea decision, has filed a constitutional complaint before the BVerfG. In addition, Achmea had applied to the BVerfG for an injunction decision that…
…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…
…on the matter. The general approach of the CJEU since Achmea against investor-State arbitration could indeed lead it to narrow down the definition of investment and, beyond that, the jurisdiction…
…it is clear that intra-EU BIT and ECT ICSID arbitral awards will be enforced in the UK post Achmea. Since the UK joined the EU before it ratified the New…
The aftermath of Achmea Since the judgment of the Court of Justice of the European Union (CJEU) in Achmea, defending EU Member States and the European Commission have questioned the…
…wake of the Achmea decision, some governments have terminated intra-EU BITs; some tribunals have confirmed the holding of Achmea in subsequent awards (the chilling effect); and commentators continued to criticize…
…than the free transfer provision: in fact, the Tribunal in Achmea v. Slovakia found that the investor’s free transfer claim was effectively subsumed by its FET claim. A successful FET…
…the consistency, full effect and autonomy of EU Law (Achmea, ss 35-60). Following Achmea, the European Commission’s Communication COM(2018)547/2 of 19 July 2018 and the Declarations of the Representatives of…
…Achmea case]” (para. 87). The General Court’s decision was appealed by the Commission before the Court of Justice on 27 August 2019. In parallel, the Micula brothers lodged applications for…
After the quite tumultuous 2018, which saw the seminal Achmea judgment of the Court of Justice of the European Union and the subsequent awards on jurisdiction by a number of…
…Union’s (CJEU) Achmea decision, intra-EU proceedings are still being instituted, most recently in the cases of VM Solar Jerez v. Spain and Strabag v. Germany. In the aftermath of Achmea,…
…political interest and possibility of moving further into the modernisation of the ECT. The CJEU rendered the landmark judgement in the intra-EU BIT case, Achmea. The case has been…
…outside of the European Union, could find the provisions found in the RDL 17/2019 rather advantageous to them (mainly due to implications of Achmea).2)To the author’s best knowledge, none of…
…forward to another year of posts reflecting the “unique” and “fascinating” international arbitration community. The year 2019 was a generous year for international arbitration. Achmea has continued to generate most…
…years has probably come from the Achmea decision of the European Court of Justice that literally prohibits the Member States from resorting to investment arbitration in matters ruled by the…
…it. The Effect of Achmea on the Jurisdiction of ISDS Tribunals and Award Enforcement There is perhaps no better-known recent debate over the apparent collision of international norms than…
