…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…
…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…
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…
…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…
…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…
…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…
…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…
…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…
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…
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…
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…
