…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…
…for one more reason. Investment treaty arbitration requires the interpretation of international treaties governing investment regimes in an environment where other international instruments function. The Achmea saga is a prime…
…decision, and the Achmea saga more broadly, provide a prime example of the need to apply the interpretive guidance of Article 31 of the VCLT to ensure the consistent reading…
…treaties (BITs). The agreement follows the political Declarations of the Member States issued in January this year in which they explained the consequences they are drawing from the Achmea judgment…
…examples of such treaties include the EU-Singapore IPA and the EU-Vietnam IPA. Following the Court of Justice of the European Union’s judgment in Achmea on 6 March 2018 which found…
…in a state of flux with the consequences of the Achmea decision still transpiring. Diversity and equality Diversity and equality are specifically identified as SDGs, and have been in…
…amicus curiae brief relying inter alia on the Achmea judgment to argue that the Miculas’ petition should be denied, the DC court declined to refuse confirmation. Romania instantly appealed the…
…interpretation was, however, provisional as the tribunal had yet to consider the effect of Achmea. With regards to Achmea, the tribunal noted that it had to ascertain whether the logic…
The Effects of Achmea on the Prospective EU Member States Much ink has been spilt on of the aftermath of the CJEU Achmea decision which has turned the world of…
…BIT (concluded between Sweden and Romania), the General Court further distinguished, very briefly, the Micula case from Achmea, ruling that “the arbitral tribunal was not bound to apply EU law…
…the CJEU’s Achmea judgment, EU investors cannot invoke the ECT against Member States anymore. Moreover, the Member States proclaimed that arbitral tribunals have lost their jurisdiction to hear intra-EU ECT…
…European Union (CJEU) in its preliminary ruling on Achmea on 6 March 2018, intra-EU investment arbitrations may undermine the full effectiveness of the autonomy of EU law, guaranteed by Articles…
…effects of the Achmea decision on the non-compatibility of arbitration clauses contained in intra-EU Bilateral Investment Treaties with EU law (Court of Justice of the European Union (CJEU) Case C-284/16)…
…Declaration on the Legal Consequences of the Judgment of the Court of Justice (of the European Union) in Achmea (Slovak Republic v Achmea Case C-284/16) and on Investment Protection in…
…Opinion As opposed to the striking divergence of views between the Court and AG Wathelet in Achmea, the CJEU has followed closely the opinion of its AG in this case….
…opportunity to further discuss the ramifications of the preliminary ruling by the Court of Justice of the EU (CJEU) in the Achmea case (Case C-284/16). The Achmea ruling has notoriously…
…decision. So framed, the circumstances are not that unusual. In the seminal Achmea decision on the conflict between EU law and intra-EU Bilateral Investment Treaties, the CJEU asserted the priority…
…Court of Justice of the European Union (CJEU) in the case C-284/16 – Slovak Republic v. Achmea BV raises major concerns about the compatibility of obligations to arbitrate entered by…
…followed to keep jurisdiction can be found in the Decision on the Achmea issue within the case Vattenfall. These reasons orbit around the formula pacta sunt servanda: the States of…
…the energy sector. This was a topic of great concern among the panelists, and 2018 developments including the ECJ’s Achmea decision, new treaties with limited ISDS provisions, and strengthened calls…
…to mediation—have been recorded by ICSID. Even rarer are instances of tribunals encouraging parties to try mediation (see, e.g., Achmea v. Slovakia). In recent years, there have been extensive discussions…
…by the tribunals in Achmea, Marfin Investment and WNC Factoring.4)Achmea B.V. v. The Slovak Republic, UNCITRAL, PCA Case No. 2008-13 (formerly Eureko B.V. v. The Slovak Republic), Award on Jurisdiction,…
