DR Practice Shares Experience of Arbitration in Regulatory & Tax Disputes

December 11, 2017

Marchenko Danevych and American Chamber of Commerce in Ukraine organized and conducted seminar for more than 50 multinational companies operating in Ukraine on Arbitration in Regulatory and Tax Disputes on December 07, 2017 at Hyatt Regency Kyiv. 

Oleh Marchenko and dispute resolution associates Volodymyr Nakonechnyi, Nadiya Mykiyevych and Mykola Yurlov shared their views on arbitration and investor-state negotiations as alternative ways to resolve tax, competition, energy and other regulatory disputes between investors and public authorities in matters which have important financial, regulatory or political implications for states.

We reviewed relevant investor-state arbitration cases to illustrate principal substantive rights and protections granted to foreign investors against arbitrary, unreasonable or discriminatory state measures under multilateral and bilateral investment treaties. We also discussed pros and cons of pursuing an investment arbitration under ICSID, UNICITRAL and SCC Arbitration Rules, how much it may cost, ways to optimise costs and the enforceability of arbitral awards under the ICSID Convention and the NY Convention. 



Did you know?

92% of investment arbitration cases were pursued by small and medium-sized enterprises but only 8% - by multinational enterprises

17% and 30% of all investment arbitration cases at Stockholm Center of Commerce were for amounts less than EUR 1 M and 15 M respectively

Third-party funding of investment arbitration costs is increasingly available: the funding reached US$ 4 Billion in 2017

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