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In International Investment

French-speaking Brussels Court of First Instance set aside an award which held that Poland denied an investor justice

by 8 Mins Read

On 18 February 2022, the French-speaking Brussels Court of First Instance set aside an award (“Award”) issued by an investment arbitration tribunal (the “Tribunal”) that held that the Republic of Poland (“Poland”) had denied the investor justice. I. Factual Background of the Investment Dispute[1] During the 2000s, a privately owned Polish real estate developer (the “Developer”) started multiple projects in Krakow, Poland. These included the construction of residential apartment blocks in two estates: Kijowska Estate…

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In Arbitration Agreements

German Supreme Court confirms that Achmea-decision is transferable to arbitration clauses in other BITs

by 9 Mins Read

One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision[1] by the Court of Justice of the EU (“CJEU“) is transferable to arbitration clauses in other BITs (see Global Arbitration News on 22 April 2021). Factual Background Two banks who provide financial services in the Croatian market (= the investors) had initiated arbitration proceedings against Croatia based on the BIT between Croatia and Austria. Croatia sought a declaration that the arbitration proceedings were…

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In COVID-19

Part III of a Trilogy: Potential defences of the host states

by and 8 Mins Read

We are pleased to introduce the third part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In Part I, we saw that states had taken invasive measures in response to the COVID-19 pandemic; some of those could give rise to significant claims, discussed in Part II. The present Part III is devoted to the defences, which the host states may use to respond to the potential investors’ claims…

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In Europe

Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening the reasoning from Achmea Judgment to ECT and CJEU’s jurisdiction over a case concerning non-EU Members

by 11 Mins Read

On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU”) under case file no. C-741/19[1] (“Opinion”) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty (“ECT”) in a case concerning two non-EU parties. Furthermore, the Advocate General presented its view that the offer to arbitrate in the ECT should be considered incompatible with EU…

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