Topic: Achmea

Swedish court asks ECJ to rule on ECT

A Swedish court has for the first time agreed to ask the European Court of Justice whether its decision in Achmea bars intra-EU investment disputes under the Energy Charter Treaty.

01 March 2021

EU will interfere with commercial arbitration, Volterra warns

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

German court blocks intra-EU claim against Croatia

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

German court won’t halt termination of intra-EU BITs

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

Where does Brexit leave investment protection?

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 seeks ECJ opinion on revamped ECT

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

ECJ hears calls to rule on ECT and Achmea

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

Croatia faces second ICSID claim over golf resort

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

Swedish court rebuffs Spain again over ECJ referral

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

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

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