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…
In the United States, 2024 brought a collection of refinements in the country’s arbitration jurisprudence, with courts issuing decisions that reinforced federal pro-arbitration policies and clarified…
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),…
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…
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…
Over the last decade, the Czech Republic has defeated several treaty claims that were brought by investors following reforms in the Czech solar power sector. The state's winning streak ended in June…
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…
On 12 July 2024, more than 25 years after adopting its current arbitration law, the German government agreed on a draft reform law (“Draft Law”). It is based on a White Paper issued in April 2023 (…
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…
