Claim under Judgment as Property Right, Delay in the Execution of Judgments
Article from: TDM 3 (2005), in Case Comments & Awards
Introduction
OGEMID participants and readers of Transnational Dispute Management might find these very recent judgments of the ECHR concerning the failure of the Ukraine to execute judgments interesting in a BIT context. The guarantees of the Convention are very similar to the protection usually available for foreign investors under a BIT. On 3 May 2005, the ECHR re-affirmed its case-law that claims under a judgment constitute property rights. The applications were lodged by Ukrainian nationals who had sought to enforce judgments against state-owned entities in the Ukraine. The ...