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Home > Arbitral Tribunal Denies Jurisdiction in Achmea B.V. v. The Slovak Republic (May 20, 2014)

Arbitral Tribunal Denies Jurisdiction in Achmea B.V. v. The Slovak Republic (May 20, 2014) [1]

Blog Name: 
International Law in Brief [2]
Author: 
Emily MacKenzie

On May 20, 2014, an arbitral tribunal (the Tribunal) convened under the terms of a bilateral investment treaty between the Kingdom of the Netherlands and the Czech and Slovak Republic (the Treaty), and operating under UNCITRAL Rules, found [3] that it did not have jurisdiction over a claim brought by Achmea B.V. against the Slovak Republic because Achmea B.V. had failed to state a prima facie case. Notwithstanding this, the Tribunal held that there was a “dispute,” which was also a requirement for jurisdiction to exist, because “it suffices if it is established that there is a conflict of legal views between the Parties.”


Source URL: https://www.asil.org/blogs/arbitral-tribunal-denies-jurisdiction-achmea-bv-v-slovak-republic-may-20-2014

Links
[1] https://www.asil.org/blogs/arbitral-tribunal-denies-jurisdiction-achmea-bv-v-slovak-republic-may-20-2014
[2] https://www.asil.org/blog-name/international-law-brief
[3] http://www.italaw.com/sites/default/files/case-documents/italaw3207.pdf