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Achmea Goes to Washington – Verfassungsblog

Recently, a US District Court trashed a Dutch company s arbitral award against Spain. Why? Because investor-state arbitration within the EU violates European law. Yet, many tribunals keep issuing arbitral awards - especially under the infamous Energy Charta Treaty. Challenging those awards in domestic courts outside the EU, like here in Washington D.C., might work as corrective to the continuing illegal assumption of jurisdiction and blatant disregard for the EU Treaties by arbitral tribunals. ....

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Spain and other EU member states announce their withdrawal from the ECT: what are the implications for investors and arbitrations?

In early October 2022, Spain’s Minister for Energy and Ecological Transition announced the country’s intention to withdraw from the Energy Charter… ....

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Green Power and the Protections of Intra-EU Energy Investment | Latham & Watkins LLP

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. . ....

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Norton Rose Fulbright LLP (via Public) / Important developments in the application of the Energy Charter Treaty within the EU

Norton Rose Fulbright LLP (via Public) / Important developments in the application of the Energy Charter Treaty within the EU
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Legal Op-ed | CJEU: An ad-hoc arbitration agreement identical to an invalid BIT arbitration clause is incompatible with EU Law

- In a busy autumn on investment arbitration, the Court of Justice of the European Union (“CJEU” or the “Court”) was invited to rule on a very interesting ....

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