Diego L. Alonso Massa’s Post

In a landmark decision, the Swiss Federal Supreme Court has demonstrated in great detail that the #Achmea and #Komstroy decisions of the European Court of Justice are untenable and not in line with international law. My summary of the facts and the reasons which led the court to its decision can be found on Baker McKenzie's Global Arbitration News blog.

Learn about Spain’s ECT withdrawal in our latest ArbitrationLinks post #ECT

Learn about Spain’s ECT withdrawal in our latest ArbitrationLinks post #ECT

🌟 Are intra-EU investment arbitrations truly six feet under? 🤔 “Not on my watch," says the Swiss court. The Swiss Federal Supreme Court has made a landmark decision by upholding an intra-EU Energy Charter Treaty (ECT) award against Spain. Here are the essential aspects of the ruling: 🔹 The Court held firm on its ability to review legal questions about jurisdiction, asserting that CJEU decisions favouring EU law over treaties like the ECT hold no particular value. 🔹 The ruling openly criticized the EU's ongoing efforts to limit arbitration under the ECT within EU states, referring to it as a "crusade." 🔹 The Court dismissed the notion that the 2019 Declaration by 22 EU Member States could retroactively affect arbitration agreements, reaffirming the unconditional consent to arbitration provided under Article 26(3)(a) of the ECT. 🔹 The Court found no conflict between the ECT and EU law that would override the arbitration agreement under the ECT. Even if a conflict existed, the ECT would trump under the Vienna Convention on the Law of Treaties. 🔹 [BONUS] The Court highlighted the importance of timing in arbitrator challenges, noting procedural lapses by Spain in raising objections. You can find the judgment (in French) below. #ISDS #Investment #Arbitration #IntraEUBITs #ECT #EnergyCharterTreaty #EUlaw

Learn about Spain’s ECT withdrawal in our latest ArbitrationLinks post #ECT

All intra-EU bilateral investment treaties have now been terminated, and the EU and other States (including the UK as of yesterday) plan to withdraw from the Energy Charter Treaty. Our new International Arbitration in 2024 report explains the implications for arbitration: https://okt.to/5WlxiM 📝 Alexandre Alonso | Nathalie Colin | Florence Frühling | Gregorio Pettazzi #InternationalArbitration #arbitration

The recent decision of the Swiss Federal Supreme Court has sparked considerable discussion concerning CJEU's earlier approach on handling intra-EU investor state disputes. Karol Macias from our commercial & corporate disputes team takes a closer look at the most important points which the Swiss court noted. 🔍📝 #ISDS #internationalarbitration #intraEUBITs #arbitration #CJEU

✨ New on the EFILA Blog: The Swiss Supreme Court Weighs in on Achmea and Komstroy 🇨🇭 🇪🇸 🇪🇺 ✨ In our latest blog post, Guofang Xue of Zhong Lun Law Firm explores the Swiss Supreme Court's pivotal decision concerning intra-EU ECT arbitration. This insightful analysis delves into the court's ruling in Spain v. EDF, highlighting why the Swiss court was not persuaded by Spain's argument and what it might mean for the future of Investor-State Dispute Settlement (ISDS) outside of the EU. Read the full piece here: https://lnkd.in/eqF6MczY ✍ Interested in publishing your work on our Blog? Get in touch via email or LinkedIn! ✨ #ISDS #enforcement #investmentlaw

🌐 Mansors Legal News Digest July-August 2023 available on mansors.com: 🔺 Russian President signed Federal law No. 470-FZ “On specifics of corporate governance in business companies which are economically significant organizations”. 🔺Russian companies turn to Hong Kong arbitration and law. 🔺Belarus proposes to move Eurobond dispute from Moscow to London or Minsk. 🔺RusKhimAlyans files a $472-million lawsuit against UniCredit in Russia. 🔺Russian state-owned energy group Inter RAO wins damages over Ecuador hydro project. 🔺Russian airline threatens a treaty claim against Canada. ⏩ Read more here https://lnkd.in/eedK7sRy

The #EuropeanCommission decided to open an #infringement procedure by sending a letter of formal notice to #Hungary (INFR(2024)2206) for undermining the Union's position on the international stage with regard to the prohibition of intra-EU investor-State arbitrations related to the Energy Charter Treaty (#ECT), and for contradicting the case law of the Court of Justice of the European Union. #CJEU On 26 June 2024, the Union and 26 Member States signed a Declaration on the legal consequences of the #Komstroy #judgment, in which the Court of Justice held that the arbitration clause of the ECT is not applicable to #disputes between a Member State and an investor from another Member State concerning an #investment made by the latter in the first Member State. Hungary adopted a unilateral declaration claiming that the Komstroy judgment only applies for future intra-EU investor-State arbitration proceedings. Its unilateral declaration further claims that this effect for the future will only start once the Energy Charter Treaty has been amended. The Commission finds that Hungary's unilateral declaration contradicts the decision of the Court of Justice, as well as the Union's position vis-à-vis #arbitration tribunals and courts of third countries. In addition, the Commission finds that by openly expressing a unilateral, different position, Hungary is in breach of the duty of sincere cooperation enshrined in Article 4(3) of the Treaty of the European Union, which requires Member States to abstain from undermining the Union position on the international stage. Furthermore, by contradicting an interpretation given by the Court, Hungary seems to disrespect the final, authoritative and binding nature of judgments of the Court of Justice. These principles are enshrined in Article 19 of the Treaty of the European Union and Article 267 and 344 of the Treaty on the Functioning of the European Union, as well as the general principles of autonomy, primacy, effectiveness, and uniform application of Union law. #TFEU #ISDS