BIT, Crimea, European Court of Human Rights, Investment, Territory

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On January 25, 2023 the Grand Chamber of the European Court of Human Rights (ECHR) issued the preliminary decision in the case Ukraine and The Netherlands v. Russia where it clearly stated that certain “areas [of Ukraine] were, from 11 May 2014 and subsequently, under the effective control of the Russian Federation” (para. 695). This…

Armed Conflict, Extraterritorial Jurisdiction, Ukraine

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The effect on investment protection stemming from Russia’s annexation, and therefore effective control over Crimea, has been a hot topic since 2014. Meanwhile, Ukraine has dealt with an armed conflict in Eastern Ukraine since April 2014 as a result of Russian expansionist maneuvers. Ukraine is now left with the difficult task to, on the one…

Arbitration, Arbitration Awards, Enforcement, FOSFA, GAFTA, International arbitration, Ukraine

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The analysis of Ukrainian court practice enables us to share our thoughts on trends regarding the recognition and enforcement of GAFTA/FOSFA awards in Ukraine, and to provide tips that may help to enforce this type of awards in the future. Seven Trends on the Recognition and Enforcement of GAFTA/FOSFA Awards in Ukraine 1. Ukrainian courts…