|Help

Distinguishing the Crimean Cases from Russia's 2022 Invasion of Ukraine: Effective Control - ARIA - Vol. 34, No. 2

Author(s): 
Olga Kuchmiienko
Page Count: 
4 pages
Published: 
April, 2024
Jurisdictions: 
Russia,
Ukraine,
International
Practice Areas: 
Investment Disputes,
Arbitral Adjudication,
Authority of the Arbitral Tribunal,
Right to Decide on Jurisdiction,
BITS,
Sources of Arbitration Law,
Applicable Law,
Formal Requirements
Tags: 
Crimea,
effective control
Author Detail: 

Olga Kuchmiienko, Ph.D., is a Head of the International Law Committee of the Ukrainian Bar Association. Dr.  Kuchmiienko is a Ukrainian-qualified Attorney-at-Law specializing in international trade, sanctions and alternative dispute resolution, including international arbitration; she is currently working in Sweden. 

PDF761.86 KB

$40.00
Description: 

Originally from The American Review of International Arbitration (ARIA)

PREVIEW PAGE

I.     INTRODUCTION

Russia’s war against Ukraine commenced in 2014 when the Crimean Peninsula was annexed, and eastern regions of Ukraine (Donetsk and Luhansk) were occupied. However, the war escalated in February 2022, when Russia violated all basic principles of international law.  Since then, the severity of the violations and disregard for the principles of international law have only grown.

Russia’s war in Ukraine has posed new challenges for the international legal system since 2014, including but not limited to investment treaty arbitration. However, the violations that occurred in 2022 brought new dimensions to these challenges. To illustrate these challenges, this article compares some important facts that might have influenced the previous Crimean cases with possible facts in other potential war-related arbitration cases. Considering that the arbitral awards in the Crimean cases are not publicly available, for the purposes of this article other publicly available information is relied on.