Summary

(Document, does not apply to summary and/or TDM IACL Case Report below).

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Case Report (free download)

Case Report by Sarah Lemoine, Editor Ignacio Torterola

Summary

Claimant brought an action for relief against Ukraine pursuant to the Estonia-Ukraine BIT ('BIT' or 'Treaty') alleging Ukraine breached the fair and equitable treatment, full protection and security, and expropriation protections in the BIT in relation to its investment in gambling facilities located in Ukraine.

Main issues

Jurisdiction - definition of 'investment' 'in accordance with Ukrainian law' within the meaning of Article 1(1) of the BIT; treaty obligations - indirect expropriation - police powers doctrine - fair and equitable treatment - full protection and security; damages - determination of value of compensation.

Olympic Entertainment Group AS v. Ukraine (PCA Case No. 2019-18) - Award - 15 April 2021

Case report provided by International Arbitration Case Law (IACL)

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