…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,…
The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27,…
…also Europe and the U.S. In Europe, the Achmea decision of the European Court in 2018 and the subsequent termination of all intra-EU BITs have caused significant upheaval. The EU…
…such treaties fall within Achmea. It is worth noting that, following Achmea and the declarations of certain EU Member States, a Swedish court in Micula considering enforcement efforts did not…
…of Achmea, and (iii) the AG Bot Opinion in Opinion 1/17 on the compatibility of CETA’s Investment Court System (“ICS”) with EU law. EU MIC Proposal Much has been…
…compatible with EU law, even though that system is promising and would lay down stepping stones of improved investment protection. Achmea Ruling and its Effect to the Jurisdiction of the…
…the divergence of views between the Court and AG Wathelet in Achmea was a striking example that this pattern admits exceptions. In a dictum of Achmea, the CJEU held that…
At the risk of mixing metaphors, if Achmea (Slovak Republic v Achmea Case C-284/16) killed intra-EU investor-state arbitration, and the European Commission’s Communication COM(2018)547/2 of 19 July 2018 knocked the…
…to mediating a settlement – where the IBA Rules are silent. Investor-State Arbitration in a Post-Achmea World: The conference’s second speaker, Diego Romero, tackled two recent proposals for change…
…reality of investor-State relations and disputes is the shoreline this wave has been hitting since Achmea appeared on the stage. Achmea’s Aftermath: Tribunals and National Courts about Achmea Achmea has…
…3 April 2018; Three Crowns partners resign from panels considering Achmea, 9 August 2018; Another resignation from panel weighing Achmea, GAR, 5 September 2018. ↑5 UNCTAD, Recent developments in International…
…Achmea setting aside proceedings were unfolding before the German courts. The moment the German Bundesverfassungsgericht had submitted preliminary questions to the CJEU as to the compatibility of the ISDS provision…
…international arbitration. Most of them have happened and have generated considerable reaction on the Blog: the CJEU judgment in the Achmea Case, characterized as “A Loud Clap of Thunder on…
…than the Supreme Court, will be bound by EU laws and court decisions made before exit day. As the tribunals in numerous post-Achmea ECT awards have pointed out, Achmea applies…
…however the US position is still unclear. The Achmea Decision has also brought a loud discussion in the last months. If the EU is to succeed with the creation of…
The Court of Justice of the European Union’s (CJEU) judgment in Slovak Republic v. Achmea B.V. (Achmea) on arbitration under intra-EU BITs has been broadly discussed (on this blog, see…
…the famous Achmea decision by the EU Court of Justice earlier this year lent support to opponents of ISA (see Kluwer Articles here, here, here and here). Indeed, in Sir…
…that the Achmea judgment renders intra-EU investor-state arbitration illegal under EU law. Clearly Spain is shielding its position by using the Achmea ruling to avoid enforcement of awards before any…
…in light of well-known developments in Europe pertaining to investor-state arbitration,16) See, e.g., Laurens Ankersmit, “Achmea: the Beginning of the End for INVESTOR-STATE ARBITRATION in and with Europe?”, Investment Treaty…
