Organisation: CJEU

The Svea Court of Appeal has set aside a European renewables investor’s Energy Charter Treaty award against Spain for being incompatible with EU law – a week after the state failed to have another such award annulled at ICSID.

11 April 2024

The Court of Justice of the European Union has ruled that the UK infringed EU law by allowing Sweden’s Micula brothers to enforce a €178 million ICSID award against Romania.

14 March 2024

An ICSID committee has refused to annul an Energy Charter Treaty award ordering Spain to pay a Japanese investor more than €23.5 million over the state’s reforms to its renewable energy regime.

08 February 2024

The US Department of Justice has weighed into a DC Circuit appeal over the enforcement of three Energy Charter Treaty awards against Spain, arguing that the existence of an arbitration agreement is a threshold question and that it was “improper” for a judge to issue anti-suit injunctions against the respondent state.

06 February 2024

A judge in London has adjourned Spain’s bid to undo the registration of a €33 million ICSID award in favour of two solar investors on sovereign immunity grounds until an appeal in a similar case is decided.

31 January 2024

The German Supreme Court has partially enforced a US$140 million award won by Deutsche Telekom against India – rejecting the state’s arguments that the Achmea ruling extends to arbitration agreements in treaties made between EU member states and third countries.  

09 January 2024

Practitioners have been reacting to a decision by the Court of Justice of the European Union that mandatory CAS arbitration provisions in the rules of an international sports federation may clash with EU competition law.

05 January 2024

Gibson Dunn partner Robert Spano has argued that a refusal by an EU member state court to recognise and enforce an ICSID award on the basis of the Achmea decision may be a violation of the European Convention on Human Rights. Theo Tyrrell and Nika Madyoon of Gibson Dunn report.

24 November 2023

An event organised by the European Federation for Investment Law and Arbitration's "Young EFILA" network and Herbert Smith Freehills discussed the future of the enforcement of intra-EU investment arbitration awards in the UK and the US. Jefferi Hamzah Sendut of HSF in London reports.

24 November 2023

An advocate general of the Court of Justice of the European Union (CJEU) has advised that the UK courts’ enforcement of an ICSID award against Romania infringed EU law – despite the UK’s withdrawal from the EU.

10 November 2023