EU Law

51 articles available

There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union ("CJEU") with its Achmea decision leading to numerous ongoing…

The term "EU arbitration law" may take some getting used to. After all, there is no EU arbitration act that would be comparable to, for instance, the English Arbitration Act 1996 or Chapter 12 of the…

The European Commission’s “Proposal for a Council Decision on the partial suspension of the application of the Energy Charter Treaty between the Union and any legal entity that is owned or controlled…

The role of the United Kingdom (“UK”), particularly London, and of the European Union (“EU”) in the landscape of investment arbitration has been a central topic of discussions during the London…

The 2024 London International Disputes Week (“LIDW”) was stage to several discussions regarding mass litigations. This was definitely not by chance. Europe has been seeing an exponential rise in mass…

On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some…

There has been a lot of talk about artificial intelligence ("AI") in international arbitration in recent years.  I vividly remember when I gave the keynote speech on “International Arbitration 3.0 –…

In a judgment dated 3 April 2024, the Swiss Supreme Court (the “SSC”) rejected Spain’s challenge of an arbitral award rendered in an intra-EU arbitration under the Energy Charter Treaty (the “ECT”)…

On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. European Commission. The CJEU agreed with the 16…