Ukraine

English Court of Appeal finds good arguable case that public policy exception applies to the foreign Act of State Doctrine allowing Ukraine to argue duress in claim under Eurobonds

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 … Continue reading

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Filed under Act of State Doctrine, non-justiciability, Public International Law, Russia, State Immunity, UK, Ukraine

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

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 … Continue reading

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Filed under Abuse of process, Arbitration Proceedings, Award, Enforcement, Europe, Immunity, Investment Arbitration, ISDS, MFN, Oil & Gas, Privileges and immunities, Sovereign Immunity/State Immunity, Ukraine

First enforcement of an Emergency arbitrator award against a state in investment treaty case

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 … Continue reading

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EU sanctions update: EU extends duration of sanctions against Russia

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, … Continue reading

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Filed under EU, Russia, Ukraine

US President signs Ukraine Freedom Support Act into law

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 … Continue reading

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Filed under Americas, Corporate Crime, Sanctions, Ukraine, US

EU: Ukraine Sanctions – EU expands asset freezing measures

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. 

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Filed under Corporate Crime, EU, Europe, Sanctions, Ukraine