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Member State Arbitration Bilateral Investment Treaties

Hogan Lovells

EU Member States reach agreement on ECT arbitration clause

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On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more

Dechert LLP

Intra-EU Arbitral Award Enforced in the U.S. – Achmea Objection Dismissed by D.C. District Court for the First Time

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A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more

King & Spalding

European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into...

King & Spalding on

In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more

K&L Gates LLP

The European Court of Justice Changes the Rules of Investment Treaty Arbitration Game in Europe

K&L Gates LLP on

6 March 2018, the Court of Justice of the European Union (the “CJEU”) rendered a judgment in the case of the Slovak Republic v Achmea B.V., C-284/16 (the “Achmeajudgment”). The CJEU declared that "Articles 267 and 344 TFEU...more

Dechert LLP

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

Dechert LLP on

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

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