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.
Join Steve Herman on December 8, 2025, for "Maintaining Ethical Standards: Essential Strategies for ...
The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need...
Explore the transformative potential of generative AI in modern litigation. “Generative AI for...
Food, sex, exercise – all may involve a variety of commonly enjoyed experiences that are healt...
Leaving federal government employment for the private or nonprofit sector raises important ethics is...
In this presentation, Vanessa Terzian uses examples from actual client documents to demonstrate comm...
Session 10 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years,...
This one-hour program will look at the key differences in policies available in the marketplace, dif...
Session 9 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...
Decision making capacity and professional responsibility should be at the top of every attorney's li...