Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-25T16:37:50.906Z Has data issue: false hasContentIssue false

Generation Ukraine Inc. v. Ukraine

ICSID (Arbitration Tribunal).  16 September 2003 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Arbitration — International Centre for Settlement of Investment Disputes — US–Ukraine Bilateral Investment Treaty (“BIT”) — Investment in Ukraine by a US company — Alleged expropriation of rights

Jurisdiction — Objection to jurisdiction — Preliminary issues joined to merits

Jurisdiction — Jurisdiction ratione materiae limited to Article VI(1)(c) of the US–Ukraine BIT — Jurisdiction ratione personae — Jurisdiction ratione temporis limited to acts after enforcement of BIT

Treaties — Bilateral investment treaty — Definition of investment — Article I(1)(a) of US–Ukraine BIT — Vehicle company incorporated in Ukraine — Investment characterized for purposes of Article I(1)(a) of BIT — Absence of factual evidence of investment

Expropriation — Article III of US–Ukraine BIT — Expropriation claims rejected

Costs — Arbitration costs — Costs of legal representation and assistance

Type
Case Report
Copyright
© Cambridge University Press 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)