EMIS Finance BV v ICU Trading Ltd and Ors 2025 EWHC 3232 Comm - 10 December 2025

Country
Year

2025

Summary

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EMIS filed a Request for Arbitration with the International Centre for Settlement of Investment Disputes ("ICSID") under the Netherlands-Ukraine bilateral investment treaty (the "EMIS BIT Claim"). The EMIS BIT Claim alleges that Ukraine expropriated Sense Bank, causing ABHU to default on its payment obligations to EMIS, in breach of Ukraine's obligations under the treaty to afford fair and equitable treatment to EMIS, to guarantee the free transfer of funds and not to expropriate EMIS's investments unlawfully. The EMIS BIT Claim was registered by ICSID on 10 March 2025, as ICSID Case No. ARB/25/10.

In addition, ABHH instituted ICSID proceedings against Ukraine on 29 December 2023 pursuant to the Belgium/Luxembourg-Ukraine bilateral investment treaty (ICSID Case No. ARB/24/1). That claim also alleges that Ukraine expropriated Sense Bank in breach of treaty obligations, and is brought by ABHH in its capacity as ultimate owner of Sense Bank.

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