Straus LLM Alum Publishes on the Kulwer Arbitration Blog

Mykhailo Soldatenko (LLM ‘2018), an associate in the international arbitration practice at Asters (Kyiv, Ukraine) has recently contributed his article “Ongoing Territorial Challenges in Crimea Cases: Putting Everest v. Russia in Context” to the Kluwer Arbitration Blog.

The piece relates to the protection of Ukrainian companies` investments in Crimea taken after the peninsula`s annexation by Russia in 2014. Ukrainian companies have commenced at least eight investment arbitrations against the Russian Federation under the Russia-Ukraine Bilateral Investment Treaty (“BIT”) to get compensation for the lost property. Mykhailo touches some difficult jurisdictional hurdles of the post-annexation investment protection, namely whether Crimea is Russian territory within the meaning of the BIT and whether the BIT covers investments made in Ukraine before the annexation.