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…
…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…
…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…
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…
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…
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…
…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…
…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,…
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…
…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….
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…
…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 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…
…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…
…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…
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…
…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…
…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…
…(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,…
…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….
…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…
…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…
…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…
…arbitration. The initial investment dispute arose between the Dutch insurance company Achmea, the claimant, and the Slovak Republic, the applicant. The claimant invested in the applicant’s health insurance sector after…
