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Following an incident last November, the International Tribunal for the Law of the Sea (“ITLOS”) has prescribed provisional measures requiring Russia to release three Ukrainian naval vessels. Background The November 2018 incident and institution of arbitration In late November 2018, the Russian coast guard arrested and detained three Ukrainian naval vessels near the Kerch Strait … Read more
In Ukraine v The Law Debenture Trust Corporation plc [2018] EWCA Civ 2026 the English Court of Appeal (the Court) partially upheld an appeal in favour of the state of Ukraine (Ukraine), reversing in part the summary judgment granted to The Law Debenture Trust Corporation plc (the Claimant) by the Commercial Court. The Claimant brought … Read more
The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine. Ukraine argued that it was immune from the Court’s jurisdiction by virtue of the State Immunity Act 1978. The Court found that Ukraine had not waived … Read more
It has been announced in Global Arbitration Review that Ukraine has been the first state to have an emergency arbitrator award enforced against it (albeit that enforcement is currently stayed pending appeal). The Pechersk District Court in Kiev upheld an application by London-listed JKX Oil & Gas and two subsidiaries to enforce a Stockholm Chamber … Read more
The EU has recently announced an extension of its sanctions imposed in response to the situation in Ukraine. EU leaders had previously confirmed that the duration of sanctions affecting Russia would be linked to the implementation of the Minsk Agreements, currently foreseen to be completed by 31 December 2015. The EU has therefore taken steps … Read more
On 13 December 2014, the US Congress passed legislation entitled the “Ukraine Freedom Support Act of 2014” (H.R. 5859) seeking to impose new sanctions against Russia and in support of Ukraine. On Thursday, December 18, President Obama signed the Act into law, while stating that at present, the Administration does not intend to impose new … Read more
On 12 May 2014, the EU announced that it was further expanding the sanctions imposed in connection with the situation in Ukraine in light of a perceived continuation of efforts to destabilise eastern and southern Ukraine. Read more