Posts Tagged ‘Autonomy’
The Price for a Seat at the ISDS Reform Table – CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order
Steffen Hindelang: The Price for a Seat at the ISDS Reform Table – CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order. In: Biondi, Andrea; Sangiuolo, Giorgia (Ed.): Judicial Protection and EU Free Trade Agreements, Edward Elgar Publishing, Forthcoming. AbstractThe CJEU in Opinion 1/17 concluded…
Read MoreLegal Opinion on behalf of the Republic of Poland in Republic of Poland ./. PL Holdings S.Á.R.L before the Swedish Supreme Court (Högsta domstolen)
More Information on the Case Republic of Poland ./. PL Holdings S.Á.R.L, Case No. T 1569-19 The opinion deals with questions such as whether an EU Member State court is required to set aside an intra-EU investor-State arbitral award within the respective national procedures providing for setting aside due to a lack of a valid…
Read MoreISDS and ECT after Achmea V: Expert Declaration in Support of Spain’s Motion to Dismiss Petition to Enforce Arbitral Award in Foresight Luxembourg Solar 1 S.À.R.L., Foresight Luxembourg Solar 2 S.À.R.L., Greentech Energy Systems a/s, (Now known as Athena Investments a/s), GWM Renewable Energy I s.p.a., GWM Renewable Energy II s.p.a. v. Kingdom of Spain
More Information on the Case Rechtsgutachten insbesondere zur Vereinbarkeit von Investor-Staat-Schiedsverfahren nach dem Energy Charter Treaty (ECT) im intra-EU Kontext mit dem Unionsrecht nach der EuGH-Entscheidung in Achmea (C-284/16). Untited States District Court for the Southern District of New York, Foresight Luxembourg Solar 1 S.À.R.L., Foresight Luxembourg Solar 2 S.À.R.L., Greentech Energy Systems a/s, (Now…
Read MoreISDS and ECT after Achmea IV: Expert Declaration in Support of Spain’s Motion to Dismiss Petition to Enforce Arbitral Award in Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain
More Information on the Case Expert Declarations in Support of Spain’s Motion to Dismiss Petition to Enforce Arbitral Award in Untited States District Court for the District of Columbia, Masdar Solar & Wind Cooperatief U.A. v. Spanien, Civil Action No. 1:18-cv-02254-JEB Further Publications The Price for a Seat at the ISDS Reform Table – CJEU’s…
Read MorePresentation on “Autonomy of EU law: A Catalyzer of Dialogue in International Economic Relations?” at King’s College London
The “III LAwTTIP Joint Conference” on “EU Law, Trade Agreements, and Dispute Resolution Mechanisms: Contemporary Challenges” focused on the dialogue among international and regional institutions as a tool to overcome fragmentation and implement the rule of law in the international economic relations of the EU. Its ultimate aim is to stimulate a debate between speakers…
Read MoreISDS and ECT after Achmea II: Expert Declaration in Support of Spain’s Motion to Dismiss for Lack of Jurisdiction under the FSIA in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Spain in an US Federal Court
More Information on the Case On the compatibility of investor-State arbitration on the basis of the Energy Charter Treaty (ECT) with EU law after the CJEU ruling in Achmea (C-284/16). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, Case No. 18-cv-01686-CKK Eiser Infrastructure Limited and Energia Solar Luxembourg S.A.R.L., Petitioners, v. Kingdom of Spain,…
Read MoreISDS and ECT after Achmea: Expert Declaration in Support of Spain’s Motion to Dismiss and to Deny Confirmation of Foreign Arbitral Award in Novenergia II v. Spain in US Federal Courts
More Information on the Case On the compatibility of investor-State arbitration on the basis of the Energy Charter Treaty (ECT) with EU law after the CJEU ruling in Achmea (C-284/16). More information on the case Novenergia II v. Spain in US Federal District Court of the District of Columbia (Motion to Dismiss and to Deny…
Read MoreConceptualisation and Application of the Principle of Autonomy of EU Law – The CJEU’s Judgement in Achmea Put in Perspective
Steffen Hindelang: Conceptualisation and Application of the Principle of Autonomy of EU Law – The CJEU’s Judgement in Achmea Put in Perspective. In: European Law Review, 44 (3), pp. 383-400, 2019. AbstractIt seemed that Court of Justice of the European Union wanted to make it short and sweet: It took the Grand Chamber in its…
Read MoreThe Limited Immediate Effects of CJEU’s Achmea Judgement
Steffen Hindelang: The Limited Immediate Effects of CJEU’s Achmea Judgement. VerfBlog, 2018/3/09, 2018. AbstractIt seemed that Court of Justice of the European Union wanted to make it short and sweet: It took the Grand Chamber in its Achmea Decision less than fifteen pages to conclude that Investor-State dispute settlement (ISDS), as we know it, shall…
Read MorePredators in the pond of jurisdiction? The EU constitutional restraints on investor-State dispute settlement provisions in European comprehensive free trade agreements.
Investor-State dispute settlement (ISDS), once developed as ‘last straw’ for foreign investors to gain access to justice in the forgotten corners of this world, grew out of its niche existence – for the better or the worse. In a remarkable metamorphosis ISDS made its way not only into trade agreements among what was once called…
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