The US Department of Justice has weighed into a DC Circuit appeal over the enforcement of three Energy Charter Treaty awards against Spain, arguing that the existence of an arbitration agreement is a threshold question and that it was “improper” for a judge to issue anti-suit injunctions against the respondent state.
06 February 2024
A judge in London has adjourned Spain’s bid to undo the registration of a €33 million ICSID award in favour of two solar investors on sovereign immunity grounds until an appeal in a similar case is decided.
31 January 2024
The Svea Court of Appeal has annulled an SCC award that ordered European investors to pay costs to Poland following an unsuccessful Energy Charter Treaty claim, finding the award was invalidated by the European Court of Justice’s ruling in Komstroy.
12 January 2024
The German Supreme Court has partially enforced a US$140 million award won by Deutsche Telekom against India – rejecting the state’s arguments that the Achmea ruling extends to arbitration agreements in treaties made between EU member states and third countries.
09 January 2024
Gibson Dunn partner Robert Spano has argued that a refusal by an EU member state court to recognise and enforce an ICSID award on the basis of the Achmea decision may be a violation of the European Convention on Human Rights. Theo Tyrrell and Nika Madyoon of Gibson Dunn report.
24 November 2023
An ICSID tribunal has declined to throw out a claim brought by Dutch investors against Croatia, rejecting the state’s arguments that its bilateral investment treaty with the Netherlands was effectively terminated under EU law.
09 November 2023
German energy company RWE is withdrawing its Energy Charter Treaty claim against the Netherlands over coal phase-out legislation – months after a German court ruled it was inadmissible.
03 November 2023
DECISIONS NOW PUBLISHED: The German Federal Court of Justice has held that EU member states can use the German courts to seek legal protection against intra-EU ICSID claims filed under the Energy Charter Treaty.
27 July 2023
The Swedish Supreme Court has refused to hear a Luxembourg fund’s appeal against the annulment of a €56 million Energy Charter Treaty award against Spain.
17 July 2023
A UK court has ruled for the first time that Spain cannot avoid enforcement of an ICSID award by invoking EU law prohibitions on intra-EU investment arbitration.
25 May 2023
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