News and insights

29 October 2012
EPAP Ukraine International Arbitration and Litigation practice successfully defends the State of Ukraine in an investment arbitration dispute

The International Arbitration and Litigation Practice of EPAP Ukraine, together with the representatives of the Ministry of Justice of Ukraine and law firm White & Case, successfully defended the State of Ukraine in the investment arbitration dispute brought by the US company Bosh International, Inc (“Bosh”) and its Ukrainian subsidiary B&P Ltd Foreign Investments Enterprise (“B&P”).

The Claimants initiated arbitration on 3 December 2007 by submitting a Request for Arbitration under the Treaty between theUnited States of AmericaandUkraineconcerning the Encouragement and Reciprocal Protection of Investment (the “BIT”) and pursuant to the ICSID Convention. The Claimants alleged that they had made an investment inUkraine. During the course of the arbitration the Claimants modified their claims and ultimately requested that the Tribunal find thatUkrainebreached its obligations under the BIT provisions on fair and equitable treatment, non-expropriation and observance of obligations entered into with regard to investments.

The arbitral award in this case was dispatched to the parties on October 25,2012. Init International Centre of Settlement of Investment Disputes (the ICSID) Tribunal consisting of Dr Gavan Griffith QC (Australia), Professor Philippe Sands QC (UK, France) and Professor Donald Mc Rae (Canada,New Zealand) unanimously decided to dismiss all Claimants’ claims.

EPAP’s Ukraine team working on the case consisted of PartnerMarkiyan Kliuchkovskyi, Managing partner Serhii Sviriba, Associates Krystyna Khripkova and Ksenia Koryukalova.

EPAP Ukraine lawyers have extensive experience of representing clients in international investment and commercial disputes. They have participated in arbitrations under the auspices of the ICSID, ICC, LCIA, SCC, CAS and other international arbitral institutions.

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