United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Subject(s)
Exhaustion of local remedies — Time limitations (and jurisdiction) — International criminal law, evidence — Burden of proof — Creeping expropriation — Indirect expropriation — Legitimate expectations — Investment — Arbitrators — Costs and expenses
Core Issue(s)
Whether Generation Ukraine, Inc (‘GU’) had made an investment within the meaning of the
Bilateral Investment Treaty (Ukraine/United States) (4 March 1994) entered into force 16 November 1996 (‘US—Ukraine BIT’, ‘BIT’). — Whether Ukraine was the proper defendant in the dispute. — Whether Ukraine expropriated GU's alleged investment.
United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Subject(s)
Consent to jurisdiction through treaties — Investment ‘in accordance with host state law’ — Definition of investment — Control — Corporate veil, piercing — Denial of benefits clause — Genuine and effective link, doctrine of — Host state nationality — Nationality of investor — Ownership — Vienna Convention on the Law of Treaties — Object & purpose (treaty interpretation and) — Ordinary meaning (treaty interpretation and) — Rules of treaty interpretation — Applicable law — Arbitral rules — Sources, foundations and principles of international law
Core Issue(s)
Whether jurisdiction existed to hear claims brought by Tokios Tokelės, a Lithuanian corporate entity, given that it had no substantial business activities in Lithuania, 99% of the shares in Tokios Tokelės were owned by nationals of Ukraine, managerial control of the company was vested in nationals of Ukraine, and the capital for the investment also originated in Ukraine.
United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Subject(s)
International investment law — Interim and provisional measures
Core Issue(s)
Whether provisional measures should be recommended requiring Ukraine to cease domestic judicial or other proceedings in parallel to the International Centre for the Settlement of Investment Disputes arbitration.
