1. Achmea Goes to Washington
- Author
-
Steffen Hindelang, Julia Naßl, and Argha Kumar Jena
- Subjects
Achmea, Arbitration, Energy Charta Treaty, intra-EU BIT, Investment Arbitration, Investor-State Dispute Resolution, Investor-State Dispute Settlement ,Law - Abstract
Recently, a US District Court trashed a Dutch company’s arbitral award against Spain. Why? Because inverstor-state arbitration within the EU violates European law. Yet, many tribunals keep issuing arbitral awards – especially under the infamous Energy Charta Treaty. Challenging those awards in domestic courts outside the EU, like here in Washington D.C., might work as corrective to the continuing illegal assumption of jurisdiction and blatant disregard for the EU Treaties by arbitral tribunals.
- Published
- 2023