The German Supreme Court dismissed the original arbitration decision against Slovakia concerning the ban on health-insurance companies’ profits.
My prediction for CETA and TTIP is that an opinion would be a death sentence for the investment protection provisions, since they are capable of being applied to various aspects of EU law.
CJEU’s decision in Slovakia v Achmea finally bringing justice to the most recent members of the EU.
In this short analysis, I will point out the broader implications for the EU’s investment law and policy.
Slovakia will no longer have to compensate Achmea B.V., the shareholder of Union ZP health insurer, for €22 million in damage.
ISDS is not only an unwelcome tool that allows multinational corporations to put pressure on public interest decision-making, it is also incompatible with EU law.
That clause removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law.
The Opinion misses the much needed opportunity for a thorough and balanced reflection on the many challenges that ISDS, and investment disputes in general, pose to the EU legal and judicial system.
The arrest of and investigation into former economy minister Pavol Rusko could have an international dimension for Slovakia, as EuroGas wants to make use of the situation in order to renew arbitration proceedings against Slovakia.
L’avocat général, M. Wathelet, prend position sur la clause d’arbitrage du traité bilatéral conclu entre les Pays-Bas et la Slovaquie et estime que celle-ci est compatible avec le principe de non-discrimination, avec le mécanisme de renvoi préjudiciel et avec le principe d’autonomie du système juridique de l’Union européenne.
An arbitration clause in an investment treaty between the Netherlands and Slovakia does not violate EU law, an adviser to the EU’s top court said.
But the complainant has not had his last word.
The talc case’s main trial before the World Bank’s international tribunal has been concluded. The decision should be made in one or 1.5 years at the latest.
The Islamic Republic of Iran and the Slovak Republic have signed off on a deeply iconoclastic investment treaty.
Slovakia has made a step towards reversing an arbitration ruling over the ban of generating profits on private health insurers, the Finance Ministry says.
The Slovak Food Chamber (PKS) demands that the entire agro-food sector should be excluded from the Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the USA from the very beginning
There is a Slovak proverb which says: “When catching a bird, they sing it a sweet song”. Another Slovak proverb says: “Those who want to beat a dog will certainly find a club“. For investors who find themselves in a situation similar to that described by these proverbs, the bilateral investment treaties (“BITs”) very often provide the last available legal option. A BIT is an agreement establishing the terms and conditions for private investment by nationals and companies of one state in the state of the other.
A recently spawned legal battle between Slovakia and Madeta, the Czech Republic’s largest dairy processor, has led to a discovery that, for the past 10 years, Slovakia has not honored a trade agreement signed between the countries during the Velvet Divorce.