…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;…
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…
