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The Swiss Federal Supreme Court adopts a broad definition of the notion of investment under Russia-Ukraine BIT
The Swiss Federal Supreme Court adopts a broad definition of the notion of investment under Russia-Ukraine BIT
Par Institut des Hautes Etudes sur la Justice
Le 03/06/2019
#Russie, #Tribunaux arbitraux
In June 2015, PJSC Ukrnafta initiated arbitation proceedings under UNCITRAL Arbitration Rules against Russian Federation based on the Russia-Ukraine BIT and sought payment of 50,314,336 USD as compensation for expropriation. The ground for the claim was the fact that the Ukranian company owned 16 petrol stations in the region of Crimea.
The arbitral tribunal held that it had jurisdiction to hear the dispute. However, the Russian Federation challenged the award on jurisdiction before the Swiss Supreme Court. The appeal was based on two grounds. Discover which ones here !