Topic: Komstroy

"Mixed signals": EFILA looks at the future of foreign investment in Europe

Speakers at the latest European Federation for Investment Law and Arbitration conference in Amsterdam discussed the future of foreign direct investment in Europe in the wake of "anti-ISDS" decisions of the CJEU such as Achmea, Komstroy and PL Holdings.

21 June 2022

Young EFILA holds launch debate

The European Federation for Investment Law and Arbitration has launched a "Young EFILA" network for practitioners aged under 40, kicking off its activities with a debate on whether the European Union remains an attractive investment destination in the wake of AchmeaKomstroy and PL Holdings. 

21 June 2022

German court refuses to block intra-EU claim

A Berlin court has reportedly refused to declare that an Irish wind power investor’s ICSID claim against Germany under the Energy Charter Treaty is inadmissible because it is an intra-EU dispute.

26 May 2022

Spain fails to annul largest renewables award

An ICSID committee has upheld the largest award yet issued against Spain over its renewable energy reforms, rejecting arguments that the investor had “unclean hands” or that the tribunal should not have agreed to hear an intra-EU dispute.

28 March 2022

ICSID panel finds Spain liable despite Komstroy

Another ICSID tribunal has held Spain liable over its renewable energy reforms while dismissing the European Court of Justice’s recent observations on the Energy Charter Treaty in Komstroy as not binding or persuasive.

21 February 2022

Another ICSID panel rejects Komstroy ruling

An ICSID tribunal that found Spain’s renewables energy reforms violated the Energy Charter Treaty has declined to revisit its findings in light of the European Court of Justice’s ruling in Komstroy, calling it “entirely irrelevant”.

09 February 2022

Spain fails to reopen intra-EU objection after Komstroy

An ICSID tribunal has refused to reconsider its jurisdiction to hear an Energy Charter Treaty case brought by four German banks against Spain – one of the first arbitral decisions to address the effect of the European Court of Justice’s recent ruling in Komstroy.

06 December 2021

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

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