THE ACHMEA JUDGMENT OF THE CJEU AND THE CONSEQUENCES FOR THE INTERNATIONAL INVESTMENT ARBITRATION

Author

Judgment of 06 March 2018, Achmea, C‑284/16, ECLI:EU:C:2018:158

Oleg Temnikov[1]

 

This article provides an overview and the author’s comments on the Judgment of the ECJ in the Achmea case.

According to the author, the Achmea Judgment is of paramount importance for international investment law and arbitration and their relationship with EU law.

After a short resume of the factual and legal background of the case and the analysis of the Advocate General Opinion and the Judgment, the author elaborates on some points of the case on which the the Judgment remained silent underlying thus the inconsistencies he founds in the argumentation of the Court.

The author presents also the views of a number of European legal scholars on the Achmea Judgment and its personal suggestion for the alternative solution the Court could have given.

 

***

Цялата статия на български език е достъпна на следния линк:

Решението на Съда на ЕС по делото Achmea и последствията за международния инвестиционен арбитраж

***

 

[1] Oleg Temnikov, Senior associate, Wolf Theiss Law Firm, Sofia, Bulgaria, email: oleg.temnikov@wolftheiss.com;

The opinions and positions expressed by the author in this article are his personal scientific views on the topic. they may not be attributed to Wolf Theiss Law Firm or its lawyers, and are not necessarily identical with their position on the matter.