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Tag Archives: CJEU

CJEU judgment changes landscape for investor-State arbitration in the EU

On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV.  The CJEU ruled that investor-State arbitration clauses in investment treaties concluded between EU Member States (“intra-EU investment treaties”) are incompatible with EU law.  Before this landmark judgment of the CJEU, international arbitral tribunals and courts considered such clauses to be compatible with EU law. The underlying case In 2012, Achmea BV, a Dutch Insurer, won a EUR 22 million arbitral award over measures taken by the

Advocate General at the CJEU emphasizes the importance of competition law arguments in international arbitration (Opinion of AG Wathelet in Case C-567/14)

On 17 March 2016, Advocate General Wathelet at the Court of Justice of the European Union (CJEU)  delivered his Opinion in Case C-567/14 (Genentech) emphasizing the importance of competition law arguments in annulment proceedings of arbitral awards and calling the French standard of review of arbitral awards “contrary to the principle of effectiveness of EU law“. France is known for its limited scope of review of arbitral awards by national courts. Although Paris is one of the hubs of international arbitration in Europe, this was the first referral for preliminary

Six years after West Tankers, is a U-turn imminent?

In Gazprom OAO (Case 536/13) the Advocate General (AG) has recently opined on whether a court may refuse to recognise and enforce an arbitral award on the basis that it restricts that court’s right to determine its own jurisdiction under the recast Brussels Regulation (1215/2012/EC). In the course of his opinion the AG made a number of comments on the recognition and enforcement of anti-suit injunctions, particularly in light of the recast Brussels Regulation. Case Summary The question which was referred to the Court of Justice of the European Union