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…
Search Results for: achmea
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…
From the Editors of Kluwer Arbitration Blog: 2017
…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
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…
Digesting the AG Wathelet Opinion in Case C-284/16 Slowakische Republik v Achmea BV. Is it A Trap?
…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…
Let the Show Begin: Poland Has Commenced the Process of BITs’ Termination
…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
…(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
…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….
The End of Intra-EU BITs: Fait Accompli or Another Way Out?
…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…
Why Brexit May Be Good for UK Investors Abroad
…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…
A Need for Preventive Investment Protection?
…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…
Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements
…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…
BIT, Expropriation, Fair and Equitable Treatment, Fair market value, ICSID Convention, International Court of Justice, Investment, Investment Arbitration, Investment protection, Investor, Permanent Court of International Justice
Investment Arbitration: Legal Implications of the Threat to Expropriate
…remains to be seen how tribunals will handle cases of a threats of expropriation. Of particular interest will be the decision in the pending dispute between Achmea v. Slovak Republic…
ACHMEA II – Seizing Arbitral Tribunals to Prevent Likely Future Expropriations: Is it an Option?
…in December 2012 [Achmea v Slovakia, PCA Case No 2008-13, Award of 7 December 2012 (not public); Achmea press release, “International arbitration tribunal rules in favour of Achmea”, 7 December…