On 9 December 2021, the Supreme Court of Russia issued a ruling in the case of JSC Uraltransmash v PESA (the decision) on the interpretation of legislative amendments made to the Russian Arbitrazh (Commercial) Procedure Code (the amendments). These provide for exclusive jurisdiction of Russian state courts over certain disputes involving sanctioned persons and disputes … Continue reading Russian sanctions and anti-suits: a new legal torpedo?
The new Micula judgment and the overreach of the ECJ
On 25 January 2022 the Court of Justice of the European Union (ECJ) handed down its judgment in the appeal procedure in the well known Micula case.
As the readers of this blog will be aware, since the CJEU’s decision in Achmea, there has been much discussion as to whether the principle against intra-EU arbitrations also applies to a multilateral investment treaty context, such as the Energy Charter Treaty (ECT).
2021 Arbitration year in review
The ongoing tragedy of the global pandemic was without a doubt the main story of 2021. While the latter half of 2020 was marked by a rush by practitioners, arbitrators and arbitral institutions to adapt to the world of remote working with travel and in-person hearings no longer possible, 2021 saw the fruits of that … Continue reading 2021 Arbitration year in review
Is there still a reason d’etre for the ECT after the CJEU’s ban on intra-EU ECT arbitration?
As has been widely reported, the recent Komstroy judgment of the Court of Justice of the EU (CJEU) in which it extended the application of its previous Achmea judgment to the Energy Charter Treaty (ECT) by determining that investor-state arbitration within the EU is incompatible with EU law, raises the fundamental question whether there is … Continue reading Is there still a reason d’etre for the ECT after the CJEU’s ban on intra-EU ECT arbitration?
From genesis to apocalypse: As Belgium heralds the end of the uncertainty on intra-EU BITs, has the UK missed an opportunity in a post-Brexit world?
The saga of the intra-EU bilateral investment treaties (intra-EU BITs) has taken many forms on different battlegrounds and its relevance goes beyond the borders of the European Union. From its genesis in Achmea v Slovak Republic, passing through many enforcement attempts outside the EU (as previously covered here and here), to its potential apocalypse with … Continue reading From genesis to apocalypse: As Belgium heralds the end of the uncertainty on intra-EU BITs, has the UK missed an opportunity in a post-Brexit world?
Oh, what a year! 2020 arbitration year in review
2020 may have been many things, but it will not have been forgettable. While the biggest story in the world of arbitration was undoubtedly the impact of the COVID-19 pandemic, it did not stop major steps being taken to reform investor-state dispute settlement (ISDS), significant arbitration decisions being handed down by the English courts and arbitration … Continue reading Oh, what a year! 2020 arbitration year in review
Quo vadis investment protection within the EU?
Following the now infamous Achmea judgment of the Court of Justice of the European Union (CJEU) in March 2018, which declared the use of the investor-state arbitration clause in the Netherlands-Czechoslovakia bilateral investment treaty (BIT) (as it then was) incompatible with EU law, the EU member states quickly issued political declarations in which they announced … Continue reading Quo vadis investment protection within the EU?
Better get EU-sed to it: the “new normal” for investors navigating intra-EU dispute resolution
On 5 May 2020, over two years after the fateful Achmea ruling, 23 EU member states signed an agreement to terminate all intra-EU bilateral investment treaties (BITs) (termination agreement). This step does not come as a surprise, in light of the fact that the vast majority of EU member states issued a joint declaration, on … Continue reading Better get EU-sed to it: the “new normal” for investors navigating intra-EU dispute resolution
On 6 May 2020, the European Commission announced that a majority of EU member states had signed the Agreement for the Termination of Bilateral Investment Treaties (BITs) between the Member States of the EU. The agreement will have a significant impact on the protective measures bestowed upon EU investors who have businesses in other EU … Continue reading Agreement for the termination of intra-EU BITs signed: the bell tolls?
