Arbitration Case Digest

Tribunal's refusal to revisit jurisdiction after Achmea not a violation of right to be heard or procedural public policy

12.04.2021

Case Number: 4A_187/2020 (23 February 2021)

Tribunal's refusal to revisit jurisdiction after Achmea not a violation of right to be heard or procedural public policy

In a recently published French-language decision, the Swiss Supreme Court rejected Spain's application to set aside a final award rendered under the Energy Charter Treaty (ECT) in which the arbitral tribunal had denied Spain's request to revisit a preliminary award on jurisdiction rendered in 2014 after the Court of Justice of the European Union (ECJ) issued its ruling in Slowakische Republik v Achmea BV (C-284/16) (Achmea) in 2018.

 

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