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Filtered : Intra-European Union
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European Commission lodges infringement proceedings against several EU member states for failure to terminate intra-EU BITs, and warns of possible CJEU case against Sweden
Dec 02, 2021 -
Svea Court of Appeal rescinds request for a preliminary ruling from the European Court of Justice in light of the European court’s Komstroy and PL Holdings decisions
Nov 30, 2021 -
ICSID ad hoc committee considers that sale of right to collect damages under Spanish renewables award indicates a real risk of non-recoupment, and decides to continue the stay of the underlying award
Nov 30, 2021 -
[Updated with document] European Commission addresses compatibility of ICSID Convention with EU law for the purpose of intra-EU arbitrations
Nov 22, 2021 -
ICSID Secretary-General discontinues intra-EU case against Denmark
Nov 22, 2021 -
Long-running Vattenfall v. Germany arbitration is discontinued, following settlement between the parties
Nov 11, 2021 -
[Updated] Vattenfall asks for discontinuance of ICSID arbitration against Germany, after settlement enters into force
Nov 02, 2021 -
Austrian wind farm investors lodge ICSID claim against Romania
Nov 01, 2021 -
ICSID tribunal finds discrete ECT breach in intra-EU case against Croatia, but claimant is awarded no damages due to lack of causation
Oct 28, 2021 -
Spain files for annulment of still-confidential ECT award
Oct 26, 2021 -
CJEU decides that an ad hoc arbitration agreement identical to the investor-state arbitration clause of an intra-EU treaty is incompatible with EU law
Oct 26, 2021 -
Claimant requests discontinuance of intra-EU ICSID case in view of Plurilateral Termination Agreement
Oct 21, 2021 -
A new chair is named to hear the quantum phase of the Eurus v. Spain ECT arbitration
Oct 13, 2021 -
Uncovered: ICSID ad hoc committee rejected Hungary’s bid to annul dismissal of intra-EU objection in food voucher dispute
Oct 06, 2021 -
Analysis: ECT tribunal rejects “clean hands” objection in Spanish renewable energy dispute; majority only finds legitimate expectation of a “reasonable rate of return”
Sep 20, 2021 -
Companies that were kicked out of earlier ECT case lodge new ICSID claim against Spain
Sep 16, 2021 -
Another ECT tribunal finds that Spain’s failure to ensure a reasonable rate of return on renewable energy projects breached the FET standard; dissenter would also have found a frustration of legitimate expectations
Sep 15, 2021 -
ICSID tribunal divides authority to represent insolvent claimant: court-appointed insolvency administrator will represent PNB Banka for most of the arbitration, but not in relation to the claim that the insolvency administrator’s appointment itself amounted to a treaty breach
Sep 15, 2021 -
Wendy Miles is tapped to chair offshore wind arbitration against Germany
Sep 15, 2021 -
Breaking: European court finds that ECT-based intra-EU arbitrations conflict with EU law
Sep 02, 2021 -
[UPDATED] German court declines Nord Stream 2’s request for a derogation from EU directive that gave rise to the company’s ECT claim against the European Union; Nord Stream 2’s request to submit preliminary questions to the CJEU is also dismissed
Aug 25, 2021 -
Tribunal chair resigns over role as counsel in another intra-EU case; parties seek negotiated settlement under Termination Agreement
Aug 24, 2021 -
Analysis: STEAG v. Spain tribunal applies discounts for taxation measure, gas-produced energy, contributory fault, reduction in lifespan, and sale of investment – reaching a damages figure of 27.7 million EUR
Aug 19, 2021 -
Tribunal majority orders Spain to pay 27.7 million EUR in damages to renewables investor, but arbitrators apply several discounts
Aug 18, 2021 -
Three are in place to hear Spain’s latest ICSID annulment bid
Aug 17, 2021 -
In confidential ruling, Greece is ordered to pay millions to Cypriot bank that suffered discriminatory treatment during 2010 financial crisis bail-out, but state defeats bulk of claims
Aug 17, 2021 -
Another Hungarian food voucher award withstands annulment at ICSID
Aug 17, 2021 -
Irish solar companies lodge latest renewables claim against Spain
Aug 04, 2021 -
Analysis: Antin v. Spain committee finds that treatment of intra-EU jurisdictional objection does not warrant annulment; committee members also emphasize the tribunal’s discretion in the valuation of damages
Aug 04, 2021 -
Romania Round-Up: Two under-the-radar BIT tribunals, claimant in ICSID dispute decries UNESCO classification, and newly-uncovered ICC arbitrations
Aug 04, 2021 -
100+ million EUR Antin v. Spain award withstands annulment, shortly after the European Commission lodges investigation into the underlying award
Aug 02, 2021 -
Analysis: In recently-surfaced decision on intra-EU objection, tribunal finds no conflict between EU law and the ICSID Convention for jurisdictional purposes – but sees a “substantial overlap” between EU law and the BIT’s substantive provisions
Jul 23, 2021 -
Looking Back: Ad hoc committee in AES v. Hungary set high threshold for manifest excess of powers and failure to state reasons, found no fault with the arbitrators’ treatment of EU law arguments, and dismissed the claimants’ annulment bid
Jul 23, 2021 -
[Updated] EU Commission lodges state-aid investigation into Antin v. Spain ECT award, citing the CJEU’s Achmea judgment
Jul 19, 2021 -
[Updated] Three treaty-based banking cases against Croatia are discontinued, while another Swiss loan arbitration is nearing an end
Jul 16, 2021 -
Brussels court upholds UNCITRAL award that declined jurisdiction over claims by dual national
Jul 03, 2021 -
Advocate General advises European court to quash judgment that found payment of Micula award to be compatible with state aid rules; opinion also touches on temporal application of Achmea judgment
Jul 01, 2021 -
[Updated] ICSID tribunal rules on Croatia’s ICSID Arbitration Rule 41(5) objection
Jun 24, 2021 -
Greenwood-chaired tribunal weighs in with Energy Charter Treaty award, and awards 40+ mil Euros
Jun 24, 2021 -
Uncovered: Award in poppy seed financing case reveals why arbitrators dismissed intra-EU objection in a dispute featuring the very treaty that underlies the CJEU’s Achmea decision; tribunal majority upheld illegality objection
Jun 11, 2021 -
Sodexo v. Hungary ad hoc committee lifted stay of enforcement, refused intervention of European Commission, and confirmed that ICSID awards and decisions are not confidential
Jun 11, 2021 -
Investors withdraw bid to revise Eiser v. Spain annulment decision, but hint at resubmission proceedings
Jun 07, 2021 -
Lucy Reed is tapped to chair controversial ECT arbitration against the Netherlands
Jun 03, 2021 -
An ICSID ad hoc committee is formed to hear Spain’s bid to annul 28 million EUR renewables award
May 30, 2021 -
Spain applies for annulment of wind farm award
May 29, 2021 -
The Netherlands seeks anti-arbitration ruling from German courts with respect to two ECT-based ICSID proceedings
May 17, 2021 -
Banking claim against Latvia proceeds to the next stage, as arbitrators render decision on bifurcated issues involving discussion of Brexit and intra-EU objection
May 17, 2021 -
Germany Round-Up: A new ICSID case, a bifurcation decision, a newly-disclosed tribunal, and an update on other arbitration-related developments
May 14, 2021 -
Three are named to hear Italy’s bid to annul renewables award
May 07, 2021 -
Christopher Greenwood is tapped to chair agribusiness claim against Croatia – a few months after German courts declared a parallel UNCITRAL claim inadmissible due to its intra-EU nature
May 04, 2021 -
Czech Republic prevails in poppy seed financing arbitration, as tribunal majority upholds illegality objection
Apr 30, 2021 -
ICSID ad hoc committee members dismiss disqualification proposal in Eiser v. Spain post-annulment battle
Apr 28, 2021 -
Ukraine is facing its first renewables arbitration; respondent’s counsel may be chosen through negotiated procedure
Apr 28, 2021 -
Children of former Yukos associate put Bulgaria on notice of ECT dispute
Apr 27, 2021 -
Uniper lodges treaty-based claim against the Netherlands
Apr 27, 2021 -
CJEU Advocate General opines that individual intra-EU investor-state arbitration agreements are only valid if domestic courts are able to carry out a “comprehensive review” of the resulting award
Apr 22, 2021 -
Kruck v. Spain tribunal upholds multi-party objection; one-third of the claimants are kicked out of ECT case
Apr 21, 2021 -
Maxi Scherer is tapped to chair wind power arbitration against Romania
Apr 02, 2021 -
Three are named to hear PV Investors v. Romania arbitration
Mar 31, 2021 -
Tribunal in latest Spanish ECT award grants weight to EU state aid obligations and finds sole breach in claw-back measure
Mar 24, 2021 -
PV Investors award against Spain is upheld at seat, as Swiss judges find that the arbitrators validly rejected efforts to reopen intra-EU objection
Mar 23, 2021 -
Arbitrators Comings and Goings: One resignation and two reconstitutions
Mar 18, 2021 -
Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return
Mar 16, 2021 -
Three are in place to hear intra-EU BIT claim against the Czech Republic
Mar 14, 2021 -
Tribunal finds that revision application is manifestly without legal merit under ICSID Rule 41(5)
Mar 11, 2021 -
RWE v. Spain tribunal awards 28 million EUR in compensation under the ECT; co-arbitrator writes separate opinion, distinguishing between two schools of thought in investor-state arbitration
Mar 10, 2021 -
[Updated] Claimant challenges Denmark’s appointee in intra-EU case
Mar 09, 2021 -
SCC tribunal unanimously dismisses renewables claim against Spain
Mar 09, 2021 -
Breaking: Germany and Vattenfall settle long-running arbitration dispute arising from nuclear phase-out
Mar 05, 2021 -
[Updated with a copy of the Award] In newly-unearthed UNCITRAL award against Poland, Levy-chaired tribunal finds tax measure in breach of BIT
Mar 04, 2021 -
ICSID tribunal rejects intra-EU objection in ECT case against Bulgaria
Mar 04, 2021 -
Three are in place to hear first ever ICSID claim against Denmark
Mar 04, 2021 -
CJEU Advocate General opines that intra-EU arbitration under ECT conflicts with EU law; contractual claims for money do not qualify as “investment”
Mar 03, 2021 -
Analysis: Tribunal majority finds that Italy’s renewables framework gave rise to legitimate expectations, but these did not include expectations of a fixed level of incentives; dissenter would have awarded damages for unfair treatment
Mar 03, 2021 -
Now-public judgment reveals reasons why German courts upheld Croatia’s Achmea objection, and declared a treaty-based arbitration inadmissible
Mar 01, 2021 -
Swedish court asks CJEU to rule on compatibility of ECT arbitration clause with EU law
Mar 01, 2021 -
Breaking: Tribunal majority dismisses renewables claim against Italy on the merits; dissenter would have found that modification of feed-in tariffs through the Spalma Incentivi decree violated the ECT
Feb 26, 2021 -
Analysis: In recently-surfaced B3 v. Croatia award, arbitrators found that “bad faith” conduct by the state breached the FET standard, but saw no causal link with the alleged losses; Croatia was ordered to reimburse full costs
Feb 22, 2021 -
Three are in place to hear renewables arbitration against Italy
Feb 17, 2021 -
New chair is appointed to head tribunal in Czech renewables dispute
Feb 12, 2021 -
Dutch telecoms companies (and their local subsidiary) bring ICSID claim against Serbia
Feb 09, 2021 -
Germany’s constitutional court declines Achmea’s request for an order to halt ratification of intra-EU BIT Termination Agreement; PM decision reveals arguments about validity of the CJEU’s Achmea judgment
Feb 05, 2021 -
[Updated] Croatia settles several Swiss loans arbitrations
Feb 03, 2021 -
The Netherlands is facing its first ICSID arbitration, as German energy giant RWE makes good on earlier threats
Feb 03, 2021 -
Another ICSID case involving Spanish renewables is discontinued following the adoption of Spain’s new incentives regime
Feb 01, 2021 -
ICSID tribunal orders Spain to pay 22 million EUR (plus interest) in compensation for claw-back provision
Jan 27, 2021 -
Italy challenges renewables award
Jan 21, 2021 -
Tribunal’s ruling on redaction of request for arbitration reveals debate about “business confidential information”, and leads to disclosure of amount ($400 mil) behind Norway’s fisheries arbitration
Jan 18, 2021 -
ICSID ad hoc committee is tasked with reviewing wind energy award
Jan 15, 2021 -
Poland held liable for denial of justice directed at affiliate of Elliott hedge fund in newly-surfaced UNCITRAL investment treaty award
Jan 11, 2021 -
In newly-uncovered ruling, annulment committee opts to lift stay of enforcement, seeing risk that state will not honour the award if annulment fails
Dec 22, 2020 -
Swiss Federal Tribunal dismisses set aside application in PCA BIT arbitration
Dec 21, 2020 -
Swiss court dismisses set-aside application after finding no failure to comply with the EU’s BIT Termination Agreement
Dec 17, 2020 -
ICSID dismisses arbitrator challenge in Spanish renewables case; decision to hold virtual hearings does not warrant the tribunal’s disqualification
Dec 17, 2020 -
An ICSID ad hoc committee is formed to hear Spain’s bid to annul small-hydro award
Dec 16, 2020 -
EC puts EU withdrawal from ECT on the table, in case its reform objectives are not met; Belgium asks EU court for opinion on modernization proposal
Dec 03, 2020 -
Masdar v. Spain case is discontinued
Dec 01, 2020 -
Public hearings in high-profile Vattenfall v. Germany arbitration discuss valuation and recent Constitutional Court decision
Nov 22, 2020 -
German court finds that nuclear phase-out regulations violate Vattenfall’s constitutional rights
Nov 12, 2020 -
Swedish court declines to refer preliminary questions to the CJEU in Foresight case; EU Commission authorised to intervene in set-aside proceedings
Nov 06, 2020