Ukraine, often called “The Gates of Europe“, has a geographical position that has long enabled it to be a hub of commercial activity. Unsurprisingly, arbitration also has a long history in Ukraine. The independence of Ukraine opened a new page in the history of arbitration, both domestic and international. Domestic Arbitration in Ukraine: from Inception […]
International Arbitration and Human Rights – Igor Boyko v. Ukraine
The issue of consolidation between international arbitration and human rights has always been subject to controversies and doctrinal debates[1]. One reason for these controversies stems from the fact that human rights law and investment law follow different objectives. As stressed by J. Paulsson, while the first “deal[s] with rights of individuals that are inalienable whether or […]
New Arbitration against Russia Arising out of the Annexation of Crimea
As we anticipated in January 2015, arbitrations have arisen against Russia due to its annexation of Crimea. After months of threats and announcements by the Ukrainian Ministry of Foreign Affairs, a new investment treaty case against Russia in relation to annexation of Crimea is about start. The first case, Ukrnafta v. Russia, PJSC Ukrnafta v. Russia […]
Consent and Nationality In ICSID Jurisprudence: Two Old Chestnuts of ICSID Jurisdiction Revisited
Consent and nationality are two concepts of deep significance in ICSID jurisprudence. Consent forms a fundamental pillar of ICSID jurisdiction, and counsel for would-be ICSID claimants regularly advise their clients to express their consent to arbitrate as early as possible. Nationality is an equally core component of ICSID jurisdiction, with the place of incorporation test […]
Investor-State Emergency Arbitrator Award Enforced
Investor-State Emergency Arbitrator Award Enforced An investor-State emergency arbitrator award was enforced by a domestic court in Ukraine, as was initially reported by the Global Arbitration Review. This decision is interesting since it is the first known enforcement of an emergency arbitrator award against a State. Emergency arbitrator awards are non-binding on an arbitral tribunal, but remain in […]