The Achmea judgment of the Court of Justice of the EU (“CJEU”) declaring intra-EU investment arbitration contrary to EU law has been hotly debated (see previous KAB posts here), but ever since, the…
2024 witnessed significant developments concerning the Energy Charter Treaty (“ECT”), ranging from a new wave of withdrawals to the adoption of the modernised ECT in December. This post reviews the…
On 3 December 2024, the Energy Charter Conference (“Conference”) officially adopted the modernised version of the Energy Charter Treaty (“ECT” or “Treaty”), following an agreement in principle…
The third updated edition of the “Report on compliance with investment treaty awards by States” (the “2024 Report”) was released in November 2024. The Report was conducted in the summer of 2024 by…
The modernisation of the Energy Charter Treaty (“ECT”), which essentially started in 2018, resulted in an agreement in principle (“AIP”) on modernising the ECT in June 2022. The modernised ECT should…
At Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also the occasion to praise our excellent editors…
In this blogpost I will explain why the European Union (“EU”) failed to meet its own constitutional requirements as set forth in Art. 21 of the Treaty on European Union (“TEU”) when it decided not to…
In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”)…
On 23 July 2024, an ICSID arbitral tribunal in the case Klesch Group v. Germany issued a decision on provisional measures directing the respondent State to refrain from collecting certain windfall…
