Generation Ukraine Inc. v. Ukraine

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