JKX Oil & Gas v. Ukraine

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Case Details

Year of Filing: 2015

Case Status: Set Aside Concluded

Claimant(s): JKX Oil & Gas Plc, Poltava Gas and JP Poltava Petroleum Company

Respondent(s): Ukraine

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: Energy Charter Treaty, Netherlands-Ukraine BIT, Ukraine-United Kingdom BIT

Administrative Case Number: PCA Case No. 2015-11

Arbitral Tribunal

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Revealed: Tribunal in JKX v. Ukraine awarded nearly 12 million USD for arbitrary measures and breach of free transfer clause; Ukraine’s necessity defence was rejected Jun 29, 2020

Award in Crawford-chaired Energy Charter case (JKX v. Ukraine) is upheld in UK courts Oct 30, 2017

On the wires: Philippines liable for BIT breach; investor that won emergency orders vs. Ukraine does not fare as well in final result; Iranians pursue Bahrain over bank closure Feb 12, 2017

INVESTIGATION: new details emerge about use of emergency arbitrators in investment treaty cases, including in Griffin v. Poland dispute Oct 8, 2015

Ukraine faces another investment arbitration, this time at ICSID, in relation to oil & gas projects Mar 12, 2015

INVESTIGATION: in at least two investment treaty cases, foreign investors use emergency arbitrators to block tax hikes and share divestment order Feb 17, 2015