Following the 2018 Achmea judgment issued by the EU Court of Justice, which declared investor-State arbitration clauses in bilateral investment treaties between EU Member States to be incompatible with EU law, the application of the Achmea, Komstroy and PL Holdings judgments by the national courts of several Member States has jeopardised enforcement within the EU of awards issued in intra-EU disputes.

However, certain non-EU/national courts have already expressed their opinions on the possibility of enforcing intra-EU awards.

An analysis of their different approaches is set out in the document from our International Arbitration Focus Team, available here.