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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

Marike R. P. Paulsson (Albright StoneBridge Group)/May 21, 2018May 8, 2018 /Leave a comment

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…

Achmea, European Court of Human Rights, European Law, European Union

Intra-EU Investment Arbitration Post-Achmea: A Look at the Additional Remedies Offered by the ECHR and EU Law

Xavier Taton, Guillaume Croisant (Linklaters)/May 19, 2018May 13, 2018 /Leave a comment

Linklaters

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

Ioana Knoll-Tudor (Addleshaw Goddard LLP)/May 8, 2018May 8, 2018 /Leave a comment

Jeantet

…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…

Arbitration, Belgium, Document Exchange, International arbitration, Technology, Uncategorized

The Present and Near Future of New Technologies in Arbitration: If not Us, Who? If not Now, When?

Pratyush Panjwani (Hanotiau & van den Berg)/April 27, 2018April 27, 2018 /Leave a comment

…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…

Achmea, Arbitration, BIT, European Law, Investment Arbitration

Investment in the Times of Achmea

Maciej Kuropatwiński (BSJP Brockhuis Jurczak Prusak Sroka Nilsson, Warsaw and Conway & Partners, Rotterdam)/April 25, 2018April 25, 2018 /Leave a comment

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…

Achmea, Arbitration, Arbitration Agreements, Investment Arbitration, Poland, Rule of Law

Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?

Marcin Orecki (Kancelaria Adwokacka Adwokat Marcin Orecki)/April 22, 2018April 21, 2018 /Leave a comment

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…

Achmea, Arbitration, Arbitration Proceedings, BIT, Brexit, CJEU, Investment Arbitration

What Next for Intra-EU Investment Arbitration? Thoughts on the Achmea Decision

Neil Newing, Lucy Alexander, Leo Meredith (Signature Litigation)/April 21, 2018March 28, 2018 /Leave a comment

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…

Achmea, Arbitration, ICCA, ICCA Sydney 2018, Legitimacy

ICCA Sydney: Law-Making in International Arbitration – What Legitimacy Challenges Lie Ahead?

Mitchell Dearness (Herbert Smith Freehills)/April 17, 2018April 17, 2018 /Leave a comment

Young ICCA

…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…

Achmea, CJEU, Intra-EU BITs, Investment Arbitration

CJEU Does Not Buy Wathelet’s Opinion in Achmea – What Is Left Unanswered?

Volodymyr Ponomarov (White & Case LLP)/April 14, 2018April 14, 2018 /Leave a comment

…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,…

Achmea, CJEU, European Law, European Union

The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief

Peter Nikitin/April 10, 2018April 11, 2018 /6 Comments

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?

Richard Power (Clyde & Co.)/March 20, 2018March 20, 2018 /Leave a comment

Clyde & Co.

…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….

Achmea, CJEU, European Convention on Human Rights, European Union

After Achmea: The Need for an EU Investment Protection Regulation

Nikos Lavranos (NL-Investmentconsulting)/March 17, 2018March 17, 2018 /4 Comments

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…

Achmea, BIT, CJEU, European Union, Intra-EU BITs

The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!

Clement Fouchard (Reed Smith) and Marc Krestin (Fieldfisher)/March 7, 2018March 7, 2018 /2 Comments

Linklaters

…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…

Arbitral Tribunal, BIT, European Commission, European Union, Intra-EU BITs

The Intra EU-BITs in the Opinion of AG Wathelet between Light and Shadow

Anna De Luca (Macchi di Cellere Gangemi)/February 4, 2018February 3, 2018 /1 Comment

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…

Arbitration, BIT, Energy Charter Treaty, Intra-EU BITs, Investment Arbitration, ISDS

What is the Future of Intra-EU BITs?

Lucian Ilie (Lazareff Le Bars)/January 21, 2018January 10, 2018 /2 Comments

…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…

Arbitration, Kluwer Arbitration Blog

From the Editors of Kluwer Arbitration Blog: 2017

Crina Baltag (Managing Editor) (Stockholm University)/December 25, 2017December 23, 2018 /Leave a comment

…of the CJEU in the Achmea Case and of the GCEU in the Micula Case, the final report of the ICCA-QMUL Task Force on Third Party Funding in International Arbitration…

Achmea, European Commission, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investor-State arbitration

The House Always Wins Remarks on AG Wathelet’s Opinion in the C-284/16 Achmea Case

Elżbieta Buczkowska, Patrycja Treder (K&L Gates LLP) and Wojciech Sadowski (Queritius)/November 22, 2017November 7, 2017 /Leave a comment

The Opinion delivered on 19 September 2017 by Advocate General Wathelet in the case C-284/16 Achmea has already been widely commented on in the international arbitration community. The views are…

Achmea, BIT, European Commission, European Law, European Union

Digesting the AG Wathelet Opinion in Case C-284/16 Slowakische Republik v Achmea BV. Is it A Trap?

Ivaylo Dimitrov (Omnia Strategy LLP)/October 7, 2017October 7, 2017 /Leave a comment

…Republik v Achmea BV. As already explained in another post, Bundesgerichtshof (“German Federal Court of Justice”) requested a preliminary ruling from the CJEU on the compatibility of certain provisions of…

Arbitration, BIT, Investment Arbitration, Poland

Let the Show Begin: Poland Has Commenced the Process of BITs’ Termination

Marcin Orecki (Kancelaria Adwokacka Adwokat Marcin Orecki)/August 8, 2017August 6, 2017 /Leave a comment

…a mutual agreement until the Draft Law enters into force. Interestingly, the Justification refers to the Achmea case pending before the European Court of Justice. Poland joined the proceedings before…

BIT, European Commission, European Law, European Union, ICSID Convention, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Poland, Sweden

Green Light for Romania to Terminate its Intra-EU Bilateral Investment Treaties

Crina Baltag (Managing Editor) (Stockholm University)/March 14, 2017March 13, 2017 /1 Comment

…(now, Achmea BV v. the Slovak Republic), the European Commission stated that Eventually, all intra-EU BITs will have to be terminated. Commission services intend to contact all Member States again,…

Anti-ISDS Propaganda, Arbitration, Arbitration Proceedings, BIT, Investment Arbitration, ISDS, Poland

Bye-Bye BITs? Poland Reviews Its Investment Policy

Marcin Orecki (Kancelaria Adwokacka Adwokat Marcin Orecki)/January 31, 2017January 31, 2017 /Leave a comment

…of the European Union C-284/16, Achmea). The Republic of Poland (“Poland”), as an EU Member State, is naturally a part of the debate over the TTIP, CETA, and intra-EU BITs….

BIT, European Union, Intra-EU BITs

The End of Intra-EU BITs: Fait Accompli or Another Way Out?

Sebastian Lukic (Schoenherr) and Anne-Karin Grill/November 16, 2016March 20, 2019 /Leave a comment

Schoenherr

…filed amicus-curiae briefs. In Achmea B.V. v. The Slovak Republic, UNCITRAL PCA Case No. 2008-13 (formerly Eureko B.V. v. The Slovak Republic), the European Commission submitted written submissions describing intra-EU…

Brexit

Why Brexit May Be Good for UK Investors Abroad

Markus Burgstaller, Agnieszka Zarowna (Hogan Lovells)/October 24, 2016October 23, 2016 /Leave a comment

…the commencement of arbitration under an intra-EU BIT (Case C-284/16 Achmea). This case is currently pending before the CJEU. Second, on 29 September 2016 the European Commission issued reasoned opinions…

BIT, Investment, Investment Arbitration, Investment protection, Investor, Poland

A Need for Preventive Investment Protection?

Cezary Wiśniewski and Olga Górska (Linklaters)/September 30, 2015 /Leave a comment

…Hence, the mere enactment of the new law would not determine its impact on Achmea’s investment. Nevertheless, Achmea filed a BIT claim, requesting – among other things – “to order…