Region: Ukraine

A new approach to the public policy defence in Ukraine

Olexander Droug, Tatyana Slipachuk and Alina Danyleiko of Sayenko Kharenko in Kyiv say a recent pair of judgments show a volte-face by the Ukrainian Supreme Court in its approach to public policy as a defence to enforcement of arbitral awards.

06 January 2022

UK investor threatens Ukraine over city square project

A British businessman has put Ukraine on notice of an investment treaty dispute worth nearly US$100 million over a terminated agreement for the reconstruction of a city square in Kiev.

24 November 2021

Ukraine hit with another renewables claim

Ukraine has been hit with another treaty claim over reforms to its tariff regime for renewable energy, as a state agency faces an unrelated ICC claim brought by a Chinese state-owned enterprise.

29 October 2021

Ukrainian banker avoids suit over arbitration settlement

The Commercial Court in London has refused to hear a claim against the former owner of a defunct Ukrainian bank over the proceeds of an arbitration settlement he negotiated with another Ukrainian facing extradition from an EU member state.

28 July 2021

Ukrainian Supreme Court blocks Firtash award

Ukraine’s Supreme Court has blocked enforcement of a US$260 million Stockholm Chamber of Commerce award obtained by a company owned by Ukrainian billionaire Dmytro Firtash against the state-owned operator of a fertiliser plant on the Black Sea.

11 June 2021

Ukraine fails to secure stay despite national security concerns

A US court has refused to grant Ukraine a stay of enforcement on a US$173 million treaty award held by Russian oil and gas producer Tatneft, dismissing an argument that information sought in a related discovery proceeding could facilitate “Russian aggression.”

02 June 2021

Ukrainian state entity puts Russia on notice of Crimea claim

Ukraine’s national nuclear energy company has notified Russia of its intention to file a US$100 million treaty claim over the expropriation of a wind farm in Crimea.

28 May 2021

Estonian investors threaten sky-high claim against Ukraine

A group of Estonian investors has issued a notice of dispute threatening a claim of more than US$750 million against Ukraine for the “theft and raid” of their interests in Sky Mall in Kiev, arguing that they were also deprived of the value of an LCIA award.

04 May 2021

Ukraine faces claim over renewables reforms

Lithuanian renewables company Modus Energy has filed an Energy Charter Treaty claim against Ukraine – thought to be the first in a potential wave of cases the state could face over reforms to its tariffs regime.

28 April 2021

Ukrainian road dispute heads to arbitration

Ukraine’s road authority is to file an arbitration after a FIDIC adjudicator ordered it to pay €10 million to a Chinese state-owned company for terminating a road repair contract.

07 April 2021

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