Jurisdiction(s):
United Kingdom

Singapore court rejects intra‑EU ECT objection; Achmea/Komstroy no bar; treaty ‘investment’ definition prevails; public policy, fork‑in‑the‑road and natural justice challenges dismissed

Published on: 21 January 2026

Published by a LexisNexis Arbitration expert

Legal News

Article summary

What are the practical implications of this case?

This ruling has meaningful consequences for advisers working on intra‑EU investment disputes and on enforcement tactics.

Strategic seat selection: The judgment confirms that choosing a seat outside the EU—most notably Singapore—can shield ECT arbitrations from intra‑EU objections grounded in Achmea and Komstroy. Although those CJEU authorities expose intra‑EU awards to challenge within the Union, they do not impugn the validity of such awards in jurisdictions beyond the EU framework. Seat selection is therefore a critical strategic choice from the outset of any intra‑EU investor‑State dispute.
Enforcement planning: Award creditors should look to enforce in non‑EU courts that are not bound by EU law doctrines. The SICC’s firm rejection of the intra‑EU objection outlines a clear path to enforcement outside the EU, offering a practical alternative where courts in EU Member States may decline recognition and enforcement.
Definition of ‘investment’: The court’s refusal to apply the Salini criteria where the treaty provides its own definition of ‘investment’ delivers welcome certainty for parties and tribunals alike.

Together, these points underscore the importance of early structuring decisions and targeted enforcement strategies in intra‑EU investor‑State cases...

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