Enforcing Intra-EU Investment Arbitration Awards – Latest Developments

29 Sep , 2023

To register for the upcoming live webinar, please Click Here

This program will explore the latest developments in enforcing investment arbitration awards. By virtue of the Washington Convention, awards rendered in disputes between an investor and a State based on an investment treaty are enforceable in the US as if they were judgments rendered by a domestic court. In 2018, however, the Court of Justice of the European Union (the CJEU), the highest court on EU law, rendered its decision in the Achmea case, setting in motion a clash between EU law and international investment law. In that decision, the CJEU found that investment arbitration between an investor from one EU State, on one hand, and another EU State, on the other, is contrary to EU law. EU Member States have used the Achmea Decision to bypass the mandatory provisions of the Washington Convention claiming that no agreement to arbitrate exists in the first place. To date, they have had mixed success – leading to two conflicting decisions – both rendered by the DC District Court – in the NextEra and Blasket cases. 

In this program, we will review the case law date in various jurisdictions and explore future directions for the enforcement of intra-EU investment arbitration awards.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Navigating the Curre...

The course will explore new guidance concerning FCPA enforcement issued by the Trump Administration ...

Cybersecurity Compli...

This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...

Digital Organization...

Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...

Nuts and Bolts of Wo...

Workplace investigations are now more complex, high-stakes, and scrutinized than ever before. Employ...

Brand Rent and 4 Oth...

Trademark doctrine was built for a marketplace that no longer exists, leaving practitioners to litig...

Protecting Kids Onli...

U.S. businesses providing online services that are used by minors face a rapidly evolving patchwork ...

Whistleblowing, Tax ...

Whistleblowing, Tax Fraud, and Government Gatekeeping is a one-hour continuing legal education cours...

Communication, Trust...

Effective representation depends on trust, communication, and responsiveness, yet these can break do...

AI Blockchain and Cr...

This CLE program equips attorneys to advise clients on the legal, regulatory, and ethical issues ari...

Federal Contractor B...

As the largest purchaser of goods and services in the world, the United States Government requires f...