Region: European Union

ECJ prohibits ad hoc ISDS agreement

The European Court of Justice has ruled that EU member states are prohibited from entering into ad hoc arbitration agreements identical to those in intra-EU BITs – suggesting that contract-based investor-state dispute settlement is unlikely to escape the impact of Achmea.

26 October 2021

ECJ says ECT doesn’t cover intra-EU disputes

The European Court of Justice has issued a landmark ruling that the investor-state arbitration clause in the Energy Charter Treaty does not cover intra-EU investment disputes.

02 September 2021

Solar award triggers EU state aid probe

The European Commission says it has begun an in-depth investigation to assess whether a €101 million Energy Charter Treaty award requiring Spain to compensate investors for changes to its renewable energy subsidy regime accords with EU state aid rules.

19 July 2021

Brussels court says tribunal secretaries can draft awards

UPDATED WITH TRIBUNAL: A Belgian court has refused to set aside an ICC award in favour of the European Commission on the basis of allegations that it was partly drafted by a tribunal secretary, ruling there was nothing wrong with the practice so long as their work is reviewed by an arbitrator.

30 June 2021

ECJ adviser says intra-EU claims barred under ECT

An advocate general of the European Court of Justice has advised that arbitration of intra-EU investor-state disputes under the Energy Charter Treaty is barred by EU law in light of Achmea, while raising the possibility such claims could be brought in national courts.

03 March 2021

Enforcement action against Moldova resumes

A US court has allowed a Ukrainian company to resume an action to enforce a US$50 million Energy Charter Treaty award against Moldova despite the state’s renewed effort to have it annulled by the courts at the arbitral seat in France.

14 November 2018

EU warns Spain not to pay solar awards

The European Commission has told Spain that arbitral awards compensating investors over reforms to the state’s renewable energy subsidy regime cannot be paid without EU approval.

19 January 2018

ECJ to rule on CETA investment court

Belgium has called on the European Court of Justice to decide if the new investment court established in the Canada-European Union free trade deal is compliant with EU law.

06 September 2017

UNCITRAL to examine further reforms of ISDS

As it marks its 50th anniversary, the United Nations Commission on International Trade Law has agreed to examine proposals for a permanent multilateral investment court and a standalone appellate body among a range of potential reforms to the investor-state dispute settlement system.

12 July 2017

EU says “ISDS is dead” ahead of Japan trade deal

The European Commission has declared investor-state arbitration “dead” as it agrees the outlines of the biggest trade deal in its history with Japan today – but it remains unclear whether EU proposals for a permanent court to hear investment disputes will make it into the final agreement.

06 July 2017

Get unlimited access to all Global Arbitration Review content