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.
Class action litigation continues to evolve rapidly in response to an innovative plaintiffs’ b...
In Part 2, Mr. Kornblum will again use segments from the movies to teach pre-trial and trial tactics...
Open-source AI models have gone from niche developer tools to enterprise essentials almost overnight...
Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...
This program addresses a gap no standard ethics CLE reaches: the psychology of what happens inside t...
In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time...
During this course, we will go over your rights under the Freedom of Information Act (FOIA) and Priv...
AI agents — autonomous systems capable of planning, deciding, and acting independently across ...
Modern mediation increasingly brings together parties, counsel, and neutrals across a broad range of...
Thinking Like a Lawyer, Prompting Like a Pro: Prompting Ethically, Securely, and Safely explores how...