Search Results for: achmea

Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL

, (Nishimura & Asahi)/ /1 Comment

…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…

Achmea, Corporate Social Responsibility, European Convention on Human Rights, European Court of Human Rights, ISDS, Third party funding

/ /Leave a comment

…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…

CJEU, Energy Charter Treaty, European Law, European Union, Intra-EU ISDS, Investment Arbitration, Investment Disputes

, (International Investment Law Centre Cologne)/ /Leave a comment

…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…

CJEU, Energy Charter Treaty, International arbitration, International Investment Arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Investment Arbitration

(European Institute, London School of Economics)/ /Leave a comment

…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…

Achmea, ECT Modernisation, Energy, Energy Charter Treaty, Fair and Equitable Treatment

(Curtis, Mallet-Prevost, Colt & Mosle LLP), (Foley Hoag LLP), and (Hughes Hubbard & Reed LLP)/ /Leave a comment

…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…

Achmea, Arbitration Institutions and Rules, ECT Modernisation, Energy Charter Treaty, Environment, European Union, International arbitration, Investment Arbitration

(Ministry of Climate and Environment, Republic of Poland)/ /Leave a comment

…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…

Arbitration – The International Journal of Arbitration

, (Queen Mary University of London), (Chartered Institute of Arbitrators), and (Three Crowns)/ /Leave a comment

…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…

2020 In Review, Arbitration Agreement, Consent, Equal Treatment, Good Faith, Interim Award, Interpretation of Contracts, Partial award, Res Judicata, Right to be heard, Switzerland

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

…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…

Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration

, (Linklaters LLP), (Linklaters LLP; Erasmus University), and (Linklaters)/ /1 Comment

…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…

2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos

(Brunel University London) and / /Leave a comment

…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….

Achmea, EU Law, Intra-EU BITs, Med-Arb, New York Arbitration Week, Section 1782 Discovery

(Chaffetz Lindsey LLP) and , (Chaffetz Lindsey)/ /Leave a comment

…“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,…

Banking and Finance, Financial Industry, Human Rights, International Investment Arbitration, International Investment Law, International Law, International Law Weekend

(Dechert) and (Dentons US LLP)/ /Leave a comment

…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;…

European Union, Intra-EU BITs, Intra-EU ISDS, Investment, Investment Arbitration, Investment protection, ISDS, ISDS Reform, Multilateral Investment Court

(Freshfields Bruckhaus Deringer LLP) and , (Freshfields Bruckhaus Deringer)/ /Leave a comment

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….

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Enforcement, International arbitration, Investment Arbitration

(De Brauw Blackstone Westbroek) and (Georgetown University Law Center)/ /Leave a comment

…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…