In a recent decision (the "Decision"), the Amsterdam Court of Appeal (Gerechtshof Amsterdam) (the "Court") ordered the claimant in an UNCITRAL arbitration brought against Poland under an intra-EU…
On March 6, 2018, the Court of Justice of the European Union ("CJEU") delivered its (in)famous Achmea judgment (Case C-284/16), which subsequently became synonymous with the demise of investor-state…
The English High Court’s judgment in Infrastructure Services v Spain is one of the most important developments of the past year in relation to the enforcement of intra-EU investment awards. It arises…
The Court of Justice of the European Union (CJEU) ruled in Komstroy (C-741/19, Sept, 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (ECT) does not apply in intra-EU…
The Amsterdam district court has recently refused to order the termination of a London-seated intra-EU investment arbitration against Poland. Whilst the outcome of the judgment is hardly surprising,…
On 1 September 2022, the Higher Regional Court of Cologne (“HRC Cologne”) issued two much-awaited decisions granting the Netherlands’ requests (see our report here) to have the German claimants’, RWE…
Germany found itself as the hotseat of the “battle” between EU law and investment arbitration in May 2016 when the Federal Court of Justice (Bundesgerichtshof) referred questions relating to the…
‘Sunset’ (or ‘survival’) clauses extend the effects of the relevant investment treaty after its termination. They provide that the protection afforded by the treaty is maintained for a further period…
State parties’ “mutual actions” over a treaty – including interventions such as interpretation, modification and termination – have flourished in recent investment treaty practice. This trend brings…
