Topic: Achmea

Will more renewables investors renounce claims against Spain?

Lawyers from Simmons & Simmons argue that the recent decision by UAE solar investor Masdar to renounce its award against Spain reflects the balancing act and challenges investors face when enforcing awards against states.

15 October 2020

Another bank's claim against Croatia clears intra-EU hurdle

An ICSID tribunal hearing an Austrian bank’s claim against Croatia has by majority rejected the state’s argument that the underlying bilateral investment treaty is incompatible with the EU legal order – in line with decisions in two other cases brought under the same intra-EU BIT.

14 October 2020

Veeder’s last words on Achmea

In one of the late Johnny Veeder QC’s last decisions as arbitrator, a tribunal at ICSID has agreed to hear an intra-EU BIT claim against Poland brought by Austrian investors in a pair of hotels – concluding that EU law did not apply to the question of its jurisdiction.

03 September 2020

The consultation on intra-EU investment protection: an opportunity that should not be missed

As the EU opens a public consultation on intra-EU investment protection, Paschalis Paschalidis of Shearman & Sterling argues that investors and other stakeholders should seize the opportunity to put forward constructive criticisms of the existing EU legal framework and suggest potential improvements.

08 July 2020

Bank’s claim against Croatia clears intra-EU hurdle

An ICSID tribunal hearing an Austrian bank’s claim against Croatia has ruled that investor-state arbitration under an intra-EU bilateral investment treaty is not incompatible with the EU legal order – holding that the Achmea ruling does not apply to all intra-EU BITs.

24 June 2020

Spain denied ECJ referral over ECT award

A Swedish court hearing Spain’s challenge to a €53 million Energy Charter Treaty award has for a second time refused to consult the European Court of Justice about the treaty’s compatibility with EU law.

02 June 2020

UK and Finland face legal action over intra-EU BITs

The European Commission has launched infringement proceedings against the United Kingdom and Finland for failing to effectively terminate their intra-EU bilateral investment treaties.

14 May 2020

A defining moment for arbitration within Europe

As a new treaty marks the end of intra-EU BITs, Ashique Rahman and Sam Winter-Barker of Fietta LLP in London argue that a forthcoming ruling by the European Court of Justice may also limit the ability of EU member states to enter into contract-based arbitration with private parties.

13 May 2020

New treaty spells end of intra-EU BITs

Two years after the Achmea ruling, a majority of EU member states have signed an agreement to terminate their intra-EU bilateral investment treaties, in what has been called the end of an era for investor-state arbitration in Europe.

06 May 2020

EU states sign treaty to cancel intra-EU BITs

BREAKING: A majority of EU member states have signed an agreement for the termination of intra-EU bilateral investment treaties.

06 May 2020

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