A Global Tracker of Investor-State and Domestic Court Decisions
THE AUTHOR:
Rida Ahmed, US Marketing Manager at Jus Mundi
BakerHostetler and its International Arbitration and Litigation practice is excited to announce the launch of our Intra-EU Objection Compendium, a comprehensive resource designed to centralize publicly available decisions addressing so-called “intra-EU” objections invoked by sovereign States.
Since the Court of Justice of the European Union’s controversial Achmea (2018) and Komstroy (2021) decisions, EU Member States have consistently raised the so-called “intra-EU” jurisdictional objection when facing either investment arbitrations brought by investors of another EU Member State or enforcement actions by an award creditor in domestic courts. The “intra-EU” objection, if sustained, deprives an arbitral tribunal of jurisdiction over a treaty-based arbitration between an investor from an EU State, on the one hand, and an EU respondent-State, on the other hand, because of the alleged exclusive jurisdiction of EU courts to interpret matters of EU law. If the objection was dismissed by the arbitral tribunal, recent practice shows that the “intra-EU” objection may emerge in subsequent enforcement proceedings as one of arbitrability or similar grounds.
This objection has been framed in various ways, invoked under numerous treaties, and litigated before dozens of international arbitration tribunals and domestic courts. As it stands today, a large majority of arbitral tribunals have rejected the “intra-EU” objection. Similarly, few domestic courts have upheld the objection as a basis for resisting the enforcement of arbitral awards, most of which are courts of EU Member States.
This resource comprehensively lists publicly available arbitral and domestic court decisions analyzing the “intra-EU” objection. The objective of this database is to centralize a global repository of these cases as a resource to assess the overall viability of the objection worldwide, the outcome of each case, and access to the content of each decision to the extent it is publicly available.
About Jus Mundi
Founded in 2019 and recognized as a mission-led company, Jus Mundi is a pioneer in the legal technology industry dedicated to powering global justice through artificial intelligence. Headquartered in Paris, with additional offices in New York, London, and Singapore. Jus Mundi serves over 150,000 users from law firms, multinational corporations, governmental bodies, and academic institutions in more than 90 countries. Through its proprietary AI technology, Jus Mundi provides global legal intelligence, data-driven arbitration professional selection, and business development services.
Press Contact Helene Maïo, Senior Digital Marketing Manager, Jus Mundi – [email protected]
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