Organisation: CJEU

German energy company RWE is withdrawing its Energy Charter Treaty claim against the Netherlands over coal phase-out legislation – months after a German court ruled it was inadmissible.

03 November 2023

DECISIONS NOW PUBLISHED: The German Federal Court of Justice has held that EU member states can use the German courts to seek legal protection against intra-EU ICSID claims filed under the Energy Charter Treaty.  

27 July 2023

A group of practitioners and academics have urged the US courts to enforce two Energy Charter Treaty awards against Spain worth a combined €333 million – arguing that a failure to do so would “seriously undermine the operation and legitimacy of the investor-state dispute settlement framework”.

11 July 2023

In an EFILA keynote speech that considered the challenges posed by climate change, Wendy Miles KC of Twenty Essex argued that investment arbitration is not an obstacle to a net-zero economy but that its role must be rethought to fully deliver social justice. Nicholas Lawn and Trajan Shipley of Van Bael and Bellis report.

24 April 2023

In a first, a US court has refused to enforce an Energy Charter Treaty award against Spain, finding that under EU law the state lacked the legal capacity to extend an offer to arbitrate an intra-EU investment dispute.

30 March 2023

A US judge hearing two actions by solar investors to enforce ICSID awards worth a combined €333 million against Spain has issued injunctions to prevent the state from trying to halt the proceedings through litigation in the Netherlands and Luxembourg.

16 February 2023

The Paris Court of Appeal has for the second time annulled a US$49 million Energy Charter Treaty award in favour of Ukrainian energy company Komstroy against Moldova – upholding the European Court of Justice’s findings that an acquisition of debt did not constitute an investment.

12 January 2023

A judge in Amsterdam has refused to order a Dutch investor to terminate an intra-EU bilateral investment treaty arbitration against Poland on the basis of the Achmea ruling.

19 October 2022

The Luxembourg Court of Cassation has quashed the enforcement of the Micula brothers’ ICSID award against Romania on the basis that the arbitration clause in the underlying investment treaty was nullified when the state joined the European Union.

18 July 2022

Speakers at the latest European Federation for Investment Law and Arbitration conference in Amsterdam discussed the future of foreign direct investment in Europe in the wake of "anti-ISDS" decisions of the CJEU such as Achmea, Komstroy and PL Holdings. 

21 June 2022