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A Swedish court has stayed the enforcement of two Energy Charter Treaty awards against Italy worth a combined €20 million – as it considers more requests to consult the European Court of Justice over the treaty’s compatibility with EU law.
29 May 2019
Does the decision by the European Court of Justice in Achmea apply to intra-EU investment disputes under the Energy Charter Treaty? Delegates at GAR Live BITs in Washington, DC heard from lawyers acting for both investors and states on the issue.
17 May 2019
An ICSID tribunal has refused to throw out a European solar investor’s Energy Charter Treaty claim against Italy on the basis of Achmea, also finding that a recent political declaration by EU member states about the ECJ decision does not provide grounds for terminating the case.
10 May 2019
John Gaffney, senior counsel at Al Tamimi & Company in Abu Dhabi, considers the implications of the Achmea judgment for international commercial arbitrations involving the interpretation or application of EU law.
29 April 2019
Stephen Fietta QC of Fietta in London and Robin Oldenstam of Mannheimer Swartling in Stockholm explain why a recent Swedish court decision upholding two intra-EU BIT awards relied on long-established rules of Swedish arbitration law and was consistent with the Achmea judgment.
24 April 2019
The Svea Court of Appeal has largely upheld a pair of SCC awards worth €176 million in favour of a Luxembourgish entity against Poland, ruling that the state had left it too late to raise objections based on the incompatibility of intra-EU bilateral investment treaties with EU law.
22 February 2019
The Investment Treaty Arbitration Committee of the Japan Association of Arbitrators has held its first event in Tokyo in conjunction with the Singapore International Arbitration Centre – including discussion of how Asian jurisdictions should respond to Achmea and other recent developments in Europe.
06 December 2018
Spain has sought to prevent the enforcement in the US of a €53 million Energy Charter Treaty award in favour of a Luxembourg fund, on the basis of the judgment on intra-EU investment arbitration in Achmea.
24 October 2018
An eminent tribunal hearing an intra-EU bilateral investment treaty claim against Hungary has ruled that the Achmea judgment does not apply to ICSID arbitration, after denying the European Commission the chance to make submissions on its effects.
10 October 2018
US arbitrator Lucinda Low has become the fourth panellist to resign from an ICSID ad hoc committee hearing Hungary’s bid to annul a treaty award in light of the European Court of Justice’s ruling in Achmea on intra-EU investment arbitration.
05 September 2018
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