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Monetary Gold principle does not bar jurisdiction
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Discrimination arguments rejected
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Dissenter finds Achmea ruling “predictable and likely”, suggesting already-existing incompatibility as of September 2017
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Post-Achmea evidence does not change the conclusion
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Pre-Achmea evidence suggests no incompatibility
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Achmea judgment was not part of EU acquis in September 2017; judgment cannot affect BIT’s compatibility with EU law
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Majority views EU law as fact, not law
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Article 11(2) is lex specialis, and requires consideration of content of EU law at commencement of arbitration
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Croatia alleges incompatibility between BIT and CJEU’s exclusive role in EU legal order, as confirmed by Achmea ruling
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Case is one of several parallel banking claims against Croatia
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Respondent alleges Alexandrov is “professional anti-Croatia claimant arbitrator”; shoe is on other foot, as Croatia had only just defended its own repeat nomination of Brigitte Stern
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Chairman of Administrative Council sees no evidence to justify disqualification
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Croatia sees same legal issue at play in two cases, but claimants counter that this is not enough to justify disqualification
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Alexandrov does not submit observations, but claimants chime in and see no concerns with his repeat appointments from claimants more broadly – or from claimants suing Croatia
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Croatia sees “special relationship” with Wilmer Hale and cross appointments between Alexandrov and Gary Born
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Alexandrov’s links to damages consultancy is raised again
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