Ukraine in investment arbitration
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1 in investment arbitration Yuliya Chernykh 21 March 2017
2 in ICSID (concluded cases) Case Year Status of Global Trading Resource Corp. and Globex International, Inc. v. (ICSID Case No. ARB/09/11) Outcome 2009 Respondent Decided in State Bosh International, Inc. and B&P, LTD Foreign Investments Enterprise v. (ICSID Case No. ARB/08/11) GEA Group Aktiengesellschaft v.. (ICSID Case No. ARB/08/16) Inmaris Perestroika Sailing Maritime Services GmbH and others v. (ICSID Case No. ARB/08/8) Alpha Projektholding GmbH v. (ICSID Case No. ARB/07/16) 2008 Respondent Decided in State 2008 Respondent Decided in State 2008 Respondent Decided in 2007 Respondent Decided in
3 in ICSID (concluded cases). Case Year Status of Joseph Charles Lemire v. (ICSID Case No. ARB/06/18) Western NIS Enterprise Fund v. (ICSID Case No. ARB/04/2) Outcome 2006 Respondent Decided in 2004 Respondent Settled Tokios Tokelés v. (ICSID Case No. ARB/02/18) 2002 Respondent Generation v. (ICSID Case No. ARB/00/9) 2000 Respondent Joseph Charles Lemire v. (I)(ICSID Case No. ARB(AF)/98/1) Decided in State Decided in State 1998 Respondent Settled
4 in other investment arbitrations (concluded cases) Case Institution Year Status of State Enterprise Energorynok v. the Republic of Moldova SCC 2012 Home State of Outcome Decided in State Energoalians SARL v. the Republic of Moldova Home State of Decided in Remington Worldwide Limited v.. SCC 2008 Respondent Decided in OJSC Tatneft v. PCA 2008 Respondent Decided in Laskaridis Shipping Co LTD, Lavinia Corporation, A K Laskaridis and P K Laskaridis v. Limited Liability Company Amto v. PCA 2007 Respondent Settled SCC 2005 Respondent Decided in State
5 in ICSID (pending cases) Case Year Status of Emergofin B.V. and Velbay Holdings Ltd. v. (ICSID Case No. ARB/16/35) 2016 Respondent. Gilward Investments B.V. v. (ICSID Case No. ARB/15/33) 2015 Respondent City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC and Prodiz LLC v. (ICSID Case No. ARB/14/9) Krederi Ltd. v. (ICSID Case No. ARB/14/17) 2014 Respondent 2014 Respondent
6 in other investment arbitrations (pending cases) Case Institution Year Status of NJSC Naftogaz of, PJSC State Joint Stock Company Chornomornaftogaz, PJSC Ukrgasvydobuvannya and others v. The Russian Federation Home State Oschadbank v. Russian Federation PCA 2016 Home State Ministry of Land and Property of the Republic of. Tatarstan v. JKX Oil & Gas plc, Poltava Gas B.V. and Poltava Petroleum Company v Respondent SCC 2015 Respondent Littop Enterprises Limited, Bridgemont Ventures Limited and Bordo Management Limited v. Aeroport Belbek LLC and Igor Valerievich Kolomoisky v. The Russian Federation SCC 2015 Respondent PCA 2015 Home State
7 in other investment arbitrations (pending cases) Case Institution Year Status of Everest Estate LLC, Edelveis-2000 PE, Fortuna CJSC and others v. The Russian Federation PCA 2015 Home State Limited Liability Company Lugzor and others v. The Russian Federation. PJSC CB PrivatBank and Finance Company Finilon LLC v. The Russian Federation PCA 2015 Home State PCA 2015 Home State Stabil LLC and others v. The Russian Federation PCA 2015 Home State PJSC Ukrnafta v. The Russian Federation PCA 2015 Home State
8 . Statistics
9 Proceedings against (concluded). - United States of America BIT (1994) Germany - BIT (1993) The Energy Charter Treaty (1994) Russian Federation - BIT (1998) Austria - BIT (1996) Greece - BIT (1994)
10 Proceedings against (pending). Netherlands - BIT (1994) - United Kingdom BIT (1993) The Energy Charter Treaty (1994) Russian Federation - BIT (1998)
11 State representation The Department on Representation of Interests of the State in International Judicial Institutions of the Ministry of Justice of manages investment treaty arbitrations on behalf of the government. (Decree of the President No. 581/2002 of 25 June 2002)
12 Structure of the Department The Department on Representation of Interests of the State in International Courts The Department on Representation of Interests of the State in Foreign Courts The Department on Pre-Court Dispute Resolution
13 Strategy and tactics active participation challenge of jurisdiction (bifurcation, trifurcation) challenge of tribunal s members delays failure to disclose documents non-payment of arbitration fees (rare, only recently) settlements annulment procedures. But, proper performance at the enforcement stage
14 Thank you for your attention!
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