INVESTOR - STATE DISPUTES: TOWARDS GREATER DIALOGUE

INVESTOR - STATE DISPUTES: TOWARDS GREATER DIALOGUE

20 April 2017

Hyatt Regency Kyiv
5, Alla Tarasova Street

 

Ukrainian business environment remains challenging for international companies and Ukrainian courts often fail to remedy injustice. Fortunately, the Government of Ukraine is increasingly more open to resolving disputes with foreign investors through negotiations.

 

Practical Applications

When Ukrainian governmental authorities or courts fail to protect legitimate rights of foreign investors, investors may resort to international instruments and remedies, including negotiations or arbitration with Ukraine and its government, under applicable Ukrainian Bilateral Investment Treaties (BITs). Any unfair, inequitable or discriminatory governmental measure or denial of justice may infringe rights of foreign investors under Ukrainian BITs. Such measures may include:

  • VAT refund delays or denial
  • Arbitrary tax or customs assessments
  • Arbitrary revocation of licenses or permits
  • Arbitrary criminal proceedings or other harassments
  • Unfair or discriminatory allocation of licenses or permits
  • Currency control restrictions imposed by the National Bank
  • Failure of Ukrainian authorities and courts to protect IP rights
  • Ungrounded or discriminatory fines imposed by the Antimonopoly Committee
  • Unpredictable, unjustified or discriminatory price regulations or price restrictions
  • Laws or regulations favoring Ukrainian nationals and denying equal treatment to foreign investors
  • Unfair or discriminatory bail-ins of borrowings from foreign lenders (e.g., bail-in Privatbank's Eurobonds)
  • Any other measures harmful to foreign investors or their investments in the territory of Ukraine

Negotiations with the Government of Ukraine could be an effective, especially at early stages of any investment dispute, and in some case the only remedy to protect rights of foreign investors.

 

Agenda

       PANEL 1:  From Protection of Investors Rights to New Funding
       PANEL 2:  Investors Tell Their Stories
       PANEL 3:  Success Stories: Experts’ Insights & Tools

 

Participants:

       CEOs/CFOs/GROs of international companies
       Ukrainian government officials
       Representatives of international institutions
       Public affairs experts

 Language of the event: Ukrainian and English, simultaneous translation will be provided

 Time of event: 9.00 a.m. - 3.00 p.m.
 Registration starts at 8.30 a.m.

 

Participation Terms

Participation is free of charge. Registration is mandatory and is open until April 18, 2017
Confirmation of the registration request remains at the discretion of organizing committee. Please wait for the confirmation note in response to your request.

REGISTRATION

 

With the support of

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