Distinguishing Achmea

Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not affect their jurisdiction.

In a nutshell, this is the principle laid down in 9Ren v. Spain (final award of 31 May 2019 available here) and in Rockhopper v. Italy (partial award of 26 June 2019 available here).

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Arbitrability of corporate disputes

A recent decision of the Court of Appeal of Catanzaro (no. 1478 of 22 September 2016, Italian text available here) sums up the current doctrine of arbitrability of corporate disputes.

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