Topic: Achmea

Swedish court upholds intra-EU BIT award

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

Achmea, viewed from Japan

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 says Achmea bars enforcement of solar award

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

Achmea does not apply to ICSID cases, tribunal rules

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

Another resignation from panel weighing Achmea

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

Three Crowns partners resign from panels considering Achmea

Gaëtan Verhoosel and Jan Paulsson, who are founding partners of Three Crowns, have resigned from ICSID panels hearing cases against Hungary that have raised questions over the effect of the recent ruling in Achmea on intra-European Union investment disputes.

09 August 2018

Brussels pours cold water on intra-EU treaty arbitration

In a communication with implications for hundreds of pending cases, the European Commission in Brussels has stated that investors cannot invoke arbitration under intra-EU bilateral investment treaties or the Energy Charter Treaty for intra-EU disputes.

19 July 2018

Enforcement against Poland stayed in light of Achmea

Taking an approach that could be followed by courts of other EU member states, a Swedish court has granted Poland a stay of enforcement of a €176 million investment treaty award after the state argued that it should be set aside on the basis of the recent Achmea ruling on intra-EU investment arbitration.

15 June 2018

Achmea: through the looking glass

A conference at Christ Church, Oxford, on the interplay between the New York Convention and European Union law was dominated by discussion of the Court of Justice of the European Union’s ruling in Achmea – with suggestions that it could bite in relation to commercial arbitration as well as investor-state arbitration.

27 April 2018

ECJ rules against intra-EU BITs

NEW COMMENT ADDED: In a much-anticipated ruling that affects nearly 200 bilateral investment treaties between EU member states, the European Court of Justice has ruled that the investor-state arbitration clause in a BIT between the Netherlands and Slovakia is not compatible with EU law.

06 March 2018

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