News & Analysis as of August 3, 2025

Court of Justice of the European Union (CJEU)

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

White & Case LLP on 3/12/2025

On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

Sports arbitration awards potentially open to review by EU courts – is commercial arbitration next

A&O Shearman on 2/7/2025

In Seraing v FIFA e.a., Advocate General Capeta (AG) has taken the view that the principle of effective judicial protection means that EU Member State courts should be able to fully review the compliance of an award of the...more

Swedish Court requests ruling from CJEU on sanctions legislation

A&O Shearman on 1/24/2025

The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU...more

A(nother) Turning Point for Intra-EU ECT Disputes?

Vinson & Elkins LLP on 10/29/2024

Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on 8/18/2022

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

The Future of Bilateral Investment Treaty Arbitrations in the European Union

Seyfarth Shaw LLP on 7/14/2022

The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more

The Ill-fated Termination of Intra-EU Bilateral Investment Treaties

Orrick, Herrington & Sutcliffe LLP on 6/8/2020

In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more

ICSID Tribunal Confirms Jurisdiction to Hear Multiparty Arbitration by International Investors

Morgan Lewis on 6/4/2020

An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by...more

The CJEU holds CETA's dispute resolution mechanism to be compatible with EU law

Hogan Lovells on 5/9/2019

The European Court of Justice's decision: On 30 April 2019, the European Court of Justice (CJEU) issued its much-anticipated Opinion 1/17 finding that the investor-state dispute settlement mechanism provided in the Canada-EU...more

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

Hogan Lovells on 4/3/2018

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...more

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European Union › International Arbitration › Court of Justice of the European Union (CJEU)

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