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Regular version of the site

Article

Есть ли компетенция у «крымских» арбитражей?

Закон. 2021. № 1. С. 149-157.

The article discloses the key Russian legal arguments with regard to the competence of the international investment arbitration tribunals to consider claims of the Ukrainian citizens ad entities, who have lost their assets in Crimea after its reunification with Russian Federation in 2014. Author, directly involved into the representation of the defendant in such international proceedings analyzes the international law sources regulating the territorial application of the international treaties and legal nature of the tribunal’s jurisdiction and particularly concludes that in the context where Ukraine does not officially recognize Crimea as part of Russia, any Ukrainian investments on the peninsula are not covered by the relevant BIT and arbitration tribunals have no jurisdiction to resolve such disputes.