Topic: Achmea

After putting paid to intra-EU BITs, it is only a matter of time before the European Commission begins interfering with commercial arbitration, Robert Volterra warned in a keynote speech at GAR Interactive DACH.

26 February 2021

UPDATED: A German court has ruled that a claim brought by two banks against Croatia under an intra-EU bilateral investment treaty is inadmissible in light of the European Court of Justice’s ruling in Achmea.

16 February 2021

Germany’s Constitutional Court has refused to halt the country’s ratification of the agreement to terminate intra-EU BITs while it hears a complaint by Dutch insurer Achmea.

08 February 2021

In the wake of the UK-EU trade deal, practitioners say questions remain over the investment protections in the agreement and the fate of the UK’s bilateral investments treaties with EU member states.

14 January 2021

Belgium has asked the European Court of Justice to weigh in on the intra-EU application of the arbitration provisions in a future update of the Energy Charter Treaty, as the European Commission signals it may propose withdrawal from the treaty if core objectives for reform are not met.

03 December 2020

At a hearing in Luxembourg this week, the EU Commission and a number of member states called on the European Court of Justice to rule on whether the Achmea decision bars intra-EU investment arbitration under the Energy Charter Treaty - even though the dispute giving rise to the proceedings is between non-EU parties.

19 November 2020

The Israeli billionaire behind an intra-EU BIT claim against Croatia over a thwarted project to build a golf resort near Dubrovnik has launched a new ICSID arbitration in his own name, apparently prompted by concerns over Achmea.

17 November 2020

Spain has once again failed to persuade a Swedish court to refer questions about the Energy Charter Treaty to the European Court of Justice before deciding whether to set aside an award in favour of renewables investors.

06 November 2020

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

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