On 21 January 2026, the European Commission (“EC”) launched an in-depth investigation into the EUR 61 million ICSID award (plus interest) issued in favour of the Maltese investor ACF Renewable Energy…
2025 witnessed mixed developments for the future of intra-European Union (“EU”) investment arbitration, that is, proceedings brought by an investor from one EU Member State against another EU Member…
In August 2024, resolving a district split, the US Court of Appeals for the DC Circuit (“DC Circuit”) set a significant precedent in NextEra Energy Global Holdings BV v. Kingdom of Spain, ruling that…
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…
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…
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…
The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction…
On 13 September 2024, the German Constitutional Court (Bundesverfassungsgericht, “BVG” or “the Court”) published two judgments dated 23 July 2024 (available here and here, both in German),…
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”)…
