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You are here: Home / Albania Arbitration / Can Russian Investors Initiate Arbitration Against Cyprus to Recover their Losses?

Can Russian Investors Initiate Arbitration Against Cyprus to Recover their Losses?

26/03/2013 by International Arbitration

Many Russian depositors are facing losses of up to 40 percent in Cyprus, and are currently considering their legal options.  Should one of these options be initiating an investment treaty arbitration against Cyprus for expropriation on the basis of the 1997 Russian Federation-Cyprus bilateral investment treaty, which is included here: IAA-Bilateral-Investment-Treaty-Between-Russia-and-Cyprus.

Such a claim could most obviously be made on the basis of (1) expropriation or (2) unfair treatment and discrimination (and would almost certainly be initiated by EU-based investors against the Russian Federation if it had acted in a similarly brazen fashion, simply ignoring public international law norms concerning the prompt, effective and adequate relief that must be accorded in the event of expropriation).      

It appears that this treaty, however, has never been ratified.  Hence, it is not legally binding and may not serve as a basis upon which Russian investors may assert their rights under international law.  This does not mean, however, that there are not other means for Russian investors to be compensated for their losses via international arbitration.  

Below is a list of additional bilateral treaties which have been signed by Russia, many of which have been ratified.  If Russian investors are owners of corporate vehicles that are located in one of these countries (for instance, if a parent company is located in the British Virgin Islands or Jersey) then they very well might be able to use investment treaty arbitration to be reimbursed for the amounts that have been taken, by bringing a claim in the name of this “UK-based” corporate vehicle under the April 6, 1989 bilateral investment treaty signed between the UK and Cyprus, which protects against such losses.

What about initiating an arbitration directly against Germany, given its key role in the measures imposed upon Cyprus, harming Russian investors?  While it would be impossible to directly initiate an investment dispute against Germany, since the expropriated investments in issue are located in Cyprus, such an action remains theoretically possible, for instance in the case where a German subsidiary of a Russian company was economically harmed by Germany’s actions.      

Ultimately, international arbitration offers many means to seek redress for the EU’s/Cyprus’/Germany’s actions, and there is a good chance that someone will pay for Russian losses.     

– William Kirtley   

Treaties of Russian Federation
  Country 
  Signature Date 
  Entry into Force Date 
AlbaniaApr 11, 1995
ArgentinaJun 25, 1998
ArmeniaSep 15, 2001
AustriaFeb 08, 1990Sep 01, 1991
Belgium-LuxembourgFeb 09, 1989Oct 13, 1991
BulgariaJun 08, 1993
CanadaNov 20, 1989Jun 27, 1991
ChinaJul 21, 1990
CroatiaMay 20, 1996
CubaJul 07, 1993
Czech RepublicApr 05, 1994Jun 06, 1996
DenmarkNov 04, 1993Aug 26, 1996
Egypt, Arab Republic ofSep 23, 1997
FinlandFeb 08, 1989Aug 15, 1991
FranceJul 04, 1989Jul 18, 1991
GermanyJun 13, 1989Aug 05, 1991
GreeceJun 30, 1993Feb 23, 1997
HungaryMar 06, 1995May 29, 1996
IndiaDec 23, 1994Aug 05, 1996
ItalyNov 30, 1989Jul 08, 1991
ItalyApr 09, 1996Jul 07, 1997
JapanNov 13, 1998May 27, 2000
JordanFeb 13, 2007
KazakhstanJul 06, 1998Feb 11, 2000
Korea, Republic ofDec 14, 1990Jul 10, 1991
KuwaitNov 21, 1994
Lao People’s Democratic RepublicDec 06, 1996Apr 21, 1998
LebanonApr 07, 1997Mar 11, 2003
LithuaniaJun 29, 1999May 24, 2004
MoldovaMar 17, 1998Jul 18, 2001
MongoliaNov 30, 1995Jan 14, 1996
NetherlandsOct 05, 1989Jul 20, 1991
NorwayOct 04, 1995May 21, 1998
PolandOct 02, 1992
PortugalJul 22, 1994
RomaniaSep 29, 1993
SerbiaOct 10, 1995Jul 19, 1996
Slovak RepublicNov 30, 1993Aug 02, 1996
SloveniaNov 30, 1993
South AfricaNov 23, 1998
SpainOct 26, 1990Nov 28, 1991
SwedenApr 19, 1995Jun 07, 1996
SwitzerlandDec 01, 1990Aug 26, 1991
ThailandOct 17, 2002
TurkeyDec 14, 1990
TurkeyDec 15, 1997May 17, 2000
UkraineNov 27, 1998
United Kingdom of Great Britain and Northern IrelandApr 06, 1989Jul 03, 1991
United States of AmericaJun 17, 1992
Vietnam

 

Filed Under: Albania Arbitration, Arbitration Information, Argentina Arbitration, Armenia Arbitration, Austria Arbitration, Belgium Arbitration, Bilateral Investment Treaty, Bulgaria Arbitration, Canada Arbitration, China Arbitration, Croatia Arbitration, Cuba Arbitration, Cyprus Arbitration, Czech Republic Arbitration, Denmark Arbitration, Egypt Arbitration, Expropriation, Finland Arbitration, France Arbitration, Germany Arbitration, Greece Arbitration, Hungary Arbitration, ICSID Arbitration, India Arbitration, Investor State Dispute Settlement, Ireland Arbitration, Italy Arbitration, Japan Arbitration, Jordan Arbitration, Kazakhstan Arbitration, Kuwait Arbitration, Lebanon Arbitration, Lithuania Arbitration, Luxembourg Arbitration, Moldova Arbitration, Mongolia Arbitration, Netherlands Arbitration, Norway Arbitration, Oman Arbitration, Poland Arbitration, Portugal Arbitration, Public International Law, Romania Arbitration, Russia Arbitration, Serbia Arbitration, Slovenia Arbitration, South Africa Arbitration, Spain Arbitration, Sweden Arbitration, Switzerland Arbitration, Thailand Arbitration, Turkey Arbitration, Ukraine Arbitration, United Kingdom Arbitration, United States Arbitration, Vietnam Arbitration, Virgin Islands Arbitration

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