Topic: Achmea

The Luxembourg Court of Cassation has quashed the enforcement of the Micula brothers’ ICSID award against Romania on the basis that the arbitration clause in the underlying investment treaty was nullified when the state joined the European Union.

18 July 2022

US arbitrator and academic George Bermann has criticised the European Court of Justice at GAR Live Istanbul for “hypocrisy” and “opportunism” in its attack on intra-EU investment and (increasingly) commercial arbitration – while also highlighting “twilight issues” on which tribunals lack guidance.

18 July 2022

BREAKING: For the first time ever, an investment arbitration tribunal has upheld a state's intra-EU objection, handing Spain a landmark jurisdictional win in one of the many renewables-related Energy Charter Treaty claims it has faced.

22 June 2022

Speakers at the latest European Federation for Investment Law and Arbitration conference in Amsterdam discussed the future of foreign direct investment in Europe in the wake of "anti-ISDS" decisions of the CJEU such as Achmea, Komstroy and PL Holdings.

21 June 2022

A Berlin court has reportedly refused to declare that an Irish wind power investor’s ICSID claim against Germany under the Energy Charter Treaty is inadmissible because it is an intra-EU dispute.

26 May 2022

In a landmark pair of judgments, a French court has set aside two intra-EU BIT awards against Poland on the basis of the European Court of Justice’s ruling in the Achmea case.

19 April 2022

An ICSID committee has upheld the largest award yet issued against Spain over its renewable energy reforms, rejecting arguments that the investor had “unclean hands” or that the tribunal should not have agreed to hear an intra-EU dispute.

28 March 2022

An ICSID tribunal has expressed its “grave concern” at the Netherlands’ decision to seek a German court declaration as to the admissibility of an EU investor’s Energy Charter Treaty claim – but for the time being has refused to recommend that the suit be withdrawn.

14 March 2022

Another ICSID tribunal has held Spain liable over its renewable energy reforms while dismissing the European Court of Justice’s recent observations on the Energy Charter Treaty in Komstroy as not binding or persuasive.

21 February 2022

A court in Vilnius has refused to admit claims brought by the Lithuanian government against French environmental services group Veolia that were originally raised in an intra-EU BIT arbitration at ICSID.

14 February 2022