Hong Kong Arbitration Week Recap: Is Arbitration Sustainable?
…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…
Search Results for: achmea
Navigating Through Stormy Seas: The UK Supreme Court Hears the Micula Case
…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…
Intra-EU Disputes under the Energy Charter Treaty: Quo Vadis?
…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…
Achmea, Bosnia and Herzegovina, Treaty, Uncategorized, VCLT, Vienna Convention on the Law of Treaties
Post-Achmea Winds of Change: Opportunities and Perspectives for Bosnia and Herzegovina
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…
Micula Case: The General Court Quashes the Commission’s Decision and Rules that the Award is Not State Aid
…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…
Arbitration, BIT, Energy Charter Treaty, EU Law, International arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Multilateral Investment Court
The Harvest Report of the First Half of 2019
…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…
A Critique of EU’s Double Standards on Dispute Resolution Mechanisms in Bilateral Investment Treaties and Double Taxation Treaties
…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…
Brexit: Could Arbitration Be A Port In The Storm?
…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)…
LIDW 2019: International Investment Disputes, 7 May 2019
…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 1/17 – The CJEU Confirms that CETA’s Investment Court System is Compatible with EU Law
…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….
Brexit: Screaming for Vengeance? Enforcing Intra-EU Arbitral Awards in the Post-Brexit UK
…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…
Legal Shrapnel: Brexit, Micula and Europe’s Banker
…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…
The Contents of the ASA Bulletin, Volume 37, Issue 1 (March 2019)
…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…
A New Approach to Intra-EU ISDS
…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…
A Changing Landscape for International Energy Arbitration: A Report from the 6th Annual ITA-ICC-IEL Joint Conference
…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…
Making Mediation More Attractive For Investor-State Disputes
…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…
On Why Corporations Should Care About Investment Treaty Protection Now More Than Ever
…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,…
Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules
X CAI Costa Rica 2019: Developments and Challenges in International Arbitration
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,…
The Trajectory of International Arbitration in Latin America and Current Trends in ISDS
…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…
Achmea, CJEU, European Law, International Investment Arbitration, International Law, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS
Topical Issues in ISDS: Review of Recent Developments in the European Union
…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…
Challenges in Front of the Successful Evolution of the FDI Protection Regime: EFILA Annual Conference
…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…
A New and Improved Investment Protection Regime: Truth Or Myth!
…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…
CJEU Opinion 1/17 – AG Bot Concludes that CETA’s Investment Court System is Compatible with EU Law
…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…
The (Final?) Death of Intra-EU Investor-State Arbitration
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…