The Contents of b-Arbitra, Issue 2018-1
…include the CJEU’s decision in the Achmea matter and AG Wathelet’s opinion. A comment on this opinion and the Court’s decision will be published in a future issue of our…
Search Results for: achmea
Achmea, Arbitration, BIT, European Union, Investment Arbitration, Principle of proportionality, Slovakia
Slovak Republic v. Achmea: A Disproportionate Judgment?
Introduction The judgment of the Court of Justice of the European Union (CJEU) in Case C-284/16, Slovak Republic v. Achmea B.V. (Achmea) has attracted much comment in many fora, including…
Another One BIT the Dust: Is the Netherlands’ Termination of Intra-EU Treaties the Latest Symptom of a Backlash Against Investor-State Arbitration?
…of Achmea to the Energy Charter Treaty (“ECT“). Signed in 1994, the ECT has generated more investor-state claims between the EU Member States than any other treaty. The Achmea judgment…
Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
The Investor-State Dispute Settlement System: The Road To Overcoming Criticism
…Achmea case. Pioneer steps have already been taken in several BITs towards the creation of permanent investment bodies with notably, Chapter 8, Section F of the EU-Canada Comprehensive Economic and…
The Future of Investment Arbitration in Europe: AIA Conference, June 2018
…Republik v. Achmea BV (“Achmea”), finding that arbitration clauses included in international agreements between the Member States providing for investor-State arbitration are incompatible with Articles 267 and 344 of the…
Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration
A Rollercoaster: The First Half of the Year 2018 for BITs and ISDS
…surprising; however, the very short and unclear Achmea judgment has had and continues to have a significant impact on a wider scale (click here for the blogposts on Achmea). First…
Slovak Republic v. Achmea: When Politics Came Out to Play
…the political beliefs of the European Commission. The 6 March 2018 judgment of the CJEU’s Grand Chamber in Slovak Republic v. Achmea BV is a reminder; with a preordained weltanschauung…
Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
Brace for Impact? Examining the reach of Achmea v Slovakia
Over the past two months, the judgment by the Court of Justice of the European Union (“CJEU”) in Slovak Republic v Achmea BV, hereinafter referred to as “Achmea”, has created…
Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties
A Procedural Perspective of Achmea: What Does Achmea Imply in Practice
Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one…
Achmea, Arbitration, Arbitration Awards, BIT, Enforcement, European Law, European Union, International arbitration, Intra-EU BITs, Investment Arbitration, New York Convention
Revisiting the Idea of ISDS Within the EU and an Arbitration Court: The Effect on Party Autonomy as the Main Pillar of Arbitration and the Enforceability of Arbitral Awards
The world after the Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April…
Intra-EU Investment Arbitration Post-Achmea: A Look at the Additional Remedies Offered by the ECHR and EU Law
As it has been extensively discussed on this blog, in its landmark Achmea case the Court of Justice of the EU (“CJEU”) found the arbitration provision of the bilateral investment…
Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration
Arbitrating with States in CEE and CIS
…the Commission took the position that payment by Romania based on an arbitral award constituted state aid (prohibited by EU law). Most recently, the ECJ’s Achmea decision shook the arbitration…
The Present and Near Future of New Technologies in Arbitration: If not Us, Who? If not Now, When?
…2018 Judgment of the Court of Justice of the European Union in Case C-284/16, Slowakische Republik v Achmea BV, there may be a risk today, more than ever, of overseeing…
Investment in the Times of Achmea
The CJEU judgement issued in the much-discussed (here and here) C-284/16 Slovak Republic vs. Achmea case has every chance of becoming a game changer in the field of the investment…
Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?
On 6 March 2018, the Court of Justice of the European Union (“CJEU”) in the case no. C‑284/16 Slovak Republic v. Achmea BV (“Achmea case”) (available here) stated that arbitration…
What Next for Intra-EU Investment Arbitration? Thoughts on the Achmea Decision
On 6 March 2018, the Court of Justice of the European Union (the “CJEU“) delivered its ruling in the case of Slovak Republic v Achmea (“Achmea“), holding that the investor-state…
ICCA Sydney: Law-Making in International Arbitration – What Legitimacy Challenges Lie Ahead?
…BV (Achmea). Stephan Schill (University of Amsterdam) moderated the discussion. The panel comprised of Sundaresh Menon (Singapore Supreme Court), Alexis Mourre (ICC International Court of Arbitration), Lucy Reed (National University…
CJEU Does Not Buy Wathelet’s Opinion in Achmea – What Is Left Unanswered?
…set out by the CJEU, in particular addressing three pivotal issues of the Court’s reasoning below. I. Does the Achmea dispute concern the interpretation of the EU law? In 2017,…
The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief
Many arbitration lawyers’ initial reaction to the CJEU’s Achmea judgment resembles the first three of the famous “five stages of grief” (denial, anger, bargaining, depression and acceptance). Some deny Achmea’s…
Achmea, Arbitration, Energy, Energy Charter Treaty, European Commission, European Union, Italy, Spain
Novenergia v. Kingdom of Spain, the ECT and the ECJ: Where to now for intra-EU ECT claims?
…in Case C-284/16 Slovak Republic v. Achmea BV apparently dashing those hopes. Background In the mid-2000s, many EU states encouraged foreign investors to undertake renewable power projects, particularly solar energy….
After Achmea: The Need for an EU Investment Protection Regulation
The Achmea judgment, passed on the 6th of March 2018, and addressed in the Kluwer blog posts available here and here, prompted us to think about what could be the…
The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!
…liberalisation of its health insurance market, thereby prohibiting the distribution of profits generated by Achmea’s Slovak insurance activities. In 2008, Achmea brought arbitration proceedings against Slovakia under the BIT on…
The Intra EU-BITs in the Opinion of AG Wathelet between Light and Shadow
The present analysis critically focuses on some aspects of the Opinion on the intra-EU BITs issued by AG Wathelet in the Achmea case (Case C-284/16) in September 2017. The…
What is the Future of Intra-EU BITs?
…tribunals’ jurisdiction. For instance, the arbitral tribunal in Achmea v. Slovakia did not uphold this argument because (i) Intra-EU BITs provided wider investment protections than EU law, (ii) there was…