Tag: Ukraine

Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?

Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?

Foreign direct investment (“FDI“) inflow in Ukraine was drastically reduced after the Euromaidan, the annexation of Crimea and the military unrest in the East of Ukraine. This number fell from $4.5 billion in 2013 to $410 million in 2014. The Ukrainian government faced the difficult task of improving the investment climate in the country. How well has […]

By 22 November, 2017 0 Comments Read More →
New Book: The Law and Practice of International Arbitration in the CIS Region

New Book: The Law and Practice of International Arbitration in the CIS Region

CIS Arbitration Forum authors and other experts from the region teamed up to produce the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. The Law and Practice of International Arbitration in the CIS Region edited by Kaj Hober and Yarik Kryvoi provides a country-by-country analysis of regulation and practice […]

Kiev Arbitration Days to take place in November 2017

Kiev Arbitration Days to take place in November 2017

См. текст по-русски ниже. International Conference “KIEV ARBITRATION DAYS 2017: Think Big!” will take place on 3 November 2017 in Radisson Blu Hotel (22, Yaroslaviv Val str.), Kyiv, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is an information partner of the event. The KAD 2017 will bring together world-class dispute […]

By 21 August, 2017 0 Comments Read More →
DIS Baltic Arbitration Days to Take Place in Riga on 1-2 June, 2017

DIS Baltic Arbitration Days to Take Place in Riga on 1-2 June, 2017

Riga will host 6th DIS Baltic Arbitration Days on 1–2 June, 2017. The conference concentrates on commercial arbitration involving states or state-owned entities. Focus countries: Iran, Russian Federation, Turkey, Ukraine. CIS Arbitration Forum is a media partner of the event. Ever since 2012, the Baltic Regional Group of German Institution of Arbitration together with Riga […]

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

In the December 2016 – March 2017 period, some major procedural developments occurred in several pending and concluded investment arbitrations against CIS states. In some of these pending disputes, arbitral tribunals have asserted jurisdiction over the investors’ claims, addressing noteworthy issues such as: provisional application of the Energy Charter Treaty, application of BITs to investments in Crimea and corruption […]

Ukraine: 2016 international arbitration year in review

Ukraine: 2016 international arbitration year in review

2016 turned out to be extremely eventful yet quite exhausting for the international arbitration community in Ukraine. The rapidly changing arbitration environment and recent developments in the international arbitration arena leave no other option than to adapt oneself and break through. But would the inner powers of international arbitration in Ukraine suffice? In changes we […]

By 29 December, 2016 0 Comments Read More →
Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

On 29 November 2016 the Paris Court of Appeal (the Court) decided to uphold the arbitration award in the long-lasting dispute between Russian oil firm PJSC Tatneft (the Tatneft) and Ukraine. In this case, Ukraine unsuccessfully tried to set aside the $112m investment treaty awards in favour of Tatneft. The main issue in the case was […]

Russian Investors Turning More Frequently to Investment Arbitration

Russian Investors Turning More Frequently to Investment Arbitration

In 2016 the Russian Federation has most commonly appeared on the host state’s end of investor-state disputes, facing numerous arbitration claims brought in relation to the events in Crimea. However, quite recently Russia has also become more involved as a home state, with Russian investors becoming more active in investor-state disputes. This post highlights the […]

By 22 November, 2016 0 Comments Read More →
Insightful Arbitration Days Took Place in Kiev

Insightful Arbitration Days Took Place in Kiev

Kiev Arbitration Days have traditionally been a rendez-vous for envisioning the future of arbitration, based on today’s developments. KAD 2016, organised by the Ukrainian Bar Association, was no different, bringing together renowned dispute resolution practitioners and prominent arbitration experts to discuss issues and perspectives on international arbitration. As Markiyan Kliuchkovskyi (Member of the Organising Committee […]

By 9 November, 2016 0 Comments Read More →
Recent Investment Arbitration Disputes involving CIS States

Recent Investment Arbitration Disputes involving CIS States

The period of July–October 2016 has seen several developments in the field of Investor-State Dispute Settlement in the CIS region. The arbitral tribunals in these cases will further address issues such as: the succession of the former Soviet republics to USSR investment treaty obligations, the mandatory nature of local courts’ litigation provision in the Turkmenistan–Turkey […]

By 17 October, 2016 0 Comments Read More →
Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms

Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms

One may compare arbitration with a car: it may be luxurious or modest, but to run it you always need four properly functioning wheels: arbitral institutions, parties, arbitrators and state courts. Tetiana Slipachuk, managing partner of Sayenko Kharenko law firm, reminded us of this while moderating the first arbitration section of the first Eastern European […]

By 28 September, 2016 0 Comments Read More →
Russia fights Ukraine over “Yanukovych debt”

Russia fights Ukraine over “Yanukovych debt”

The slowly developing Russia-Ukraine $3 billion sovereign debt dispute got a sudden new development when, at the end of July 2016, Russia requested the London High Court make an expedited ruling on the dispute. Following that, on 8 September 2016, the High Court scheduled the hearings for the dispute for 17-20 January 2017. The debt The history of this […]

By 9 September, 2016 0 Comments Read More →
Kiev Arbitration Days 2016: Think Big! (KAD-2016)

Kiev Arbitration Days 2016: Think Big! (KAD-2016)

  Kiev Arbitration Days 2016: Think Big! Ukrainian Bar Association is happy to announce the next Kiev Arbitration Days 2016: Think Big! (KAD-2016) which will take place on 3 November 2016 in Radisson Blu Hotel, Kiev, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. KAD-2016 will bring together world-class dispute resolution […]

Recent Investment Arbitration Cases involving CIS States

Recent Investment Arbitration Cases involving CIS States

While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]

Russia losing battles but winning wars with foreign investors: cases overview

Russia losing battles but winning wars with foreign investors: cases overview

More often than not, foreign investors reach some success in arbitration cases against Russia. However, obtaining ultimate remuneration for their efforts usually becomes a long and evasive target, because the award either gets annulled or faces insurmountable enforcement difficulties. Many international treaties of the Russian Federation including those concluded by the USSR as its legal predecessor include a “narrow” […]

Ukrainian High Court Summarises Case Law on the Enforcement and Setting Aside of International Arbitration Awards

Ukrainian High Court Summarises Case Law on the Enforcement and Setting Aside of International Arbitration Awards

On 11 December 2015, the Highest Specialised Court of Civil and Criminal Cases of Ukraine (the “HSC“) approved its Overview of case law related to the recognition and setting aside of international arbitration awards by Ukrainian courts (the “Overview“). The Overview was officially published in February 2016. By means of this Overview, the HSC confirmed […]

Arbitration Claims by Ukrainian Investors under the Russia-Ukraine BIT: between Crimea and a Hard Place?

Arbitration Claims by Ukrainian Investors under the Russia-Ukraine BIT: between Crimea and a Hard Place?

In the last two years, multiple investment arbitration claims have been registered against Russia in regards to the consequences of its actions in the Autonomous Republic of Crimea and the city of Sevastopol (“Crimea”). The following cases are of particular interest: Stabil LLC and others v The Russian Federation LLC Lugzor and others v The […]

By 17 February, 2016 1 Comments Read More →
Enforceability of Emergency Arbitrator Awards in Ukraine

Enforceability of Emergency Arbitrator Awards in Ukraine

In an earlier post the CIS Arbitration Forum reported on three investment treaty claims which have been initiated this year against Ukraine in the gas sector. In one of them a UK-based energy company, JKX Oil & Gas, and its Dutch and Ukrainian subsidiaries, Poltava Gas B.V. and JV Poltava Petroleum Company, obtained the first ever emergency arbitration award against […]

Remington Worldwide Limited (UK) v. Ukraine

Remington Worldwide Limited (UK) v. Ukraine

The Gibraltar registered company Remington Worldwide Limited (“Remington”) filed a request for arbitration with the SCC on 22 September 2008. According to information communicated  by the Ministry of Justice of Ukraine, the company accused Ukraine of violating several provisions of Article 10 of the ECT, and, in particular, of failure to provide effective means for the assertion of claims and enforcement of […]

Western NIS Enterprise Fund v. Ukraine

Western NIS Enterprise Fund v. Ukraine

Parties agreed to settle the case and proceeding was discontinued at their request. Order taking note of the discontinuance was issued by the Tribunal on June 1, 2006 pursuant to Arbitration Rule 43(1). Western NIS Enterprise Fund v Ukraine, ICSID Arbitration (No. ARB:04:2), Order dated 16 March 2006

Ukraine Courts Rule on the Effect of Assignment of Arbitration Awards

Ukraine Courts Rule on the Effect of Assignment of Arbitration Awards

In its 8 April 2015 decision, the Higher Specialised Court of Ukraine confirmed that an application for recognition and enforcement of an arbitration award can be served only by an original claimant who has taken part in the arbitration proceedings. Euler Hermes Services Schweiz AG v OJSC Odessa Fat and Oil Plant became the first case […]

By 25 September, 2015 0 Comments Read More →
Kiev Arbitration Days 2015 to Take Place in November

Kiev Arbitration Days 2015 to Take Place in November

Ukrainian Bar Association invites to participate in international conference KIEV ARBITRATION DAYS 2015: Think Big! (KAD 2015). The event is scheduled for 5-6 November 2015 in Radisson Blu Hotel, Kiev, Ukraine. The KAD 2015 will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss problems and perspectives of international arbitration. The programme coordinator […]

By 19 August, 2015 0 Comments Read More →
Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Yaraslau Kryvoi speaks about arbitrability of sanctions, touching upon the effect of the Belarus, Ukraine and Russian sanctions regimes on arbitration at a conference organised by Kuala Lumpur Regional Arbitration Centre in May 2015.

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

Is a New Russia-Ukraine “Gas War” Coming?

Is a New Russia-Ukraine “Gas War” Coming?

On 29 January 2015 Gazprom released a report on its activities and financial indicators for the nine months up to the end of last September.  In this report Gazprom described the procedural details of the  forthcoming “gas price” arbitration between Gazprom and Ukrainian Naftogaz, launched by the parties in summer 2014. This is not the first time […]

By 16 February, 2015 0 Comments Read More →
Will A Bridge between the Crimea and Russia Violate International Law?

Will A Bridge between the Crimea and Russia Violate International Law?

Following Russia’s annexation of Crimea in 2014, international law scholars have faced a range of complex questions ranging from protection of investors to, most recently, building a bridge linking it with Russia’s Krasnodar region. In December the Russian appointed Prime Minister of Crimea Sergey Aksyonov acknowledged that the initial Russian project to build a bridge though the Kerch Strait might lead to […]

By 28 January, 2015 1 Comments Read More →
Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called “commercial contracts related to satisfaction of the state’s needs” (“Public Procurement Contracts”). The judgments discussed in […]

Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?

Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?

Following the annexation of Crimea by Russia multiple reports suggest that there is underway a redistribution of property, which belongs not only to Ukraine but also to Ukrainian and foreign private owners. This raises the question of whether interests of foreign investors can be protected by means of international arbitration. A preliminary analysis of international public law […]

Kiev Arbitration Days 2014: Think Big!

Kiev Arbitration Days 2014: Think Big!

Kiev Arbitration Days 2014: Think Big! (KAD 2014) will take place on 6-7 November 2014 in Radisson Blu Hotel, Kiev, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is an media partner of the event. The KAD 2014 will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss problems […]

Becoming  a Tradition: Second International Arbitration School in Ukraine

Becoming a Tradition: Second International Arbitration School in Ukraine

On 7-11 May the Ukrainian Arbitration Association (“UAA”) held the Second International Arbitration School.  It remained faithful to its main aims of building up knowledge of arbitration in particular among students and young practitioners. The School served as a forum to exchange experiences in the area and to promote Ukraine as the seat of arbitration. […]

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

In a recent decision the Supreme Court of Ukraine confirmed that the respondent may not prevent enforcement of an arbitral award simply by claiming that it had not received notice. The decision also confirms that the respondent may not circumvent the general allocation of burden of proof mandated by the New York Convention by reframing […]

Award Enforcement in Russia: Forum Conveniens Rule

Award Enforcement in Russia: Forum Conveniens Rule

A significant number of foreign assets can be found in the territory of the Russian Federation. As such, the country may become a popular venue for the enforcement of arbitral awards against foreign entities. This post looks at Russian law and practice when it comes to enforcement of arbitral awards against parties that are not incorporated in […]

Conference “The New Vienna Rules – Quality Arbitration at Your Doorstep” took place in Kyiv

Conference “The New Vienna Rules – Quality Arbitration at Your Doorstep” took place in Kyiv

On 13 November the Vienna International Arbitral Centre held a conference “The New Vienna Rules – Quality Arbitration at Your Doorstep” on the premises of Opera Hotel in Kyiv. The conference highlighted the provisions and main changes in the Vienna Rules 2013. The new Vienna Rules became effective on 1 July 2013. The rules give […]

By 23 December, 2013 0 Comments Read More →
Arbitration November in Kyiv

Arbitration November in Kyiv

13 November 2013 was a day full of arbitration events for young arbitration practitioners in Kyiv, Ukraine. They included a workshop “Strategy Considerations in International Arbitration”, a conference “The New Vienna Rules – Quality Arbitration at Your Doorstep”, a programme “Building a Career in International Arbitration” and a Young Arbitrators Forum event  “’Third Parties’ in […]

By 14 December, 2013 1 Comments Read More →
CAS Confirmed Strict Liability Principle in Match-Fixing

CAS Confirmed Strict Liability Principle in Match-Fixing

On 2 August 2013, the Court of Arbitration for Sport (CAS) published a press-release about the decision made in a complex and highly controversial case on match-fixing, involving ten individuals and two football clubs from Ukraine – FC Metalist Kharkiv (“FC Metalist”) and FC Karpaty Lviv (“FC Karpaty”). The Tribunal sanctioned the Sports Director of FC Metalist and six football players for being directly […]