Exploring Investment Arbitration Issues in Front of German Courts: How Far Does the Komstroy Shadow Reach?
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Exploring Investment Arbitration Issues in Front of German Courts: How Far Does the Komstroy Shadow Reach?
German Yearbook of International Law, Online First : pp. 1–18 | First published online: June 24, 2025
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Agata Daszko, Edinburgh Law School, University of Edinburgh, South Bridge Edinburgh Law School, University of Edinburgh, South Bridge EH8 9YL Edinburgh, United Kingdom
- Early Career Fellow in International Economic Law
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Agata Daszko\nExploring Investment Arbitration Issues in Front of German Courts: How Far Does the Komstroy Shadow Reach? | 1 | ||
| I. Introduction | 1 | ||
| II. The Casting of the Komstroy Shadow: How German Courts Set the Stage | 3 | ||
| A. The EU Aftermath: Achmea and Komstroy | 4 | ||
| B. The International Echo: A Consistency Problem | 4 | ||
| C. The Domestic Reverberation: From Referral to Constitutional Complaint | 6 | ||
| III. Legal Framework: Anti-Enforcement, Anti-Arbitration, and Anti-Suit Mechanisms in German Jurisdiction | 7 | ||
| A. German Courts’ International Jurisdiction | 8 | ||
| B. Anti-Enforcement Procedures in German Law | 8 | ||
| C. Anti-Arbitration Mechanisms in German Law | 10 | ||
| D. Anti-Suit Injunctions in German Law | 10 | ||
| IV. German Courts’ Jurisprudence: Under the Influence of EU Law, Abstemious of Public International Law? | 11 | ||
| A. In Komstroy’s Shadow: To Halt Intra-EU ECT Arbitration | 12 | ||
| B. Adopting Komstroy Shadow and Upholding the Constitution | 14 | ||
| C. Outside of Komstroy’s Shadow: Allowing Extra-EU Arbitration | 16 | ||
| D. Overshadowing Komstroy? Enforcement Proceedings Beyond Germany and the EU | 17 | ||
| V. Outlook and Conclusions: What Lurks in the Shadows? | 17 |