This legal insight series explores topics focused on the recourse available to international investors who have suffered losses in either Russia or Ukraine due to the ongoing war. In addition to addressing the issue of compensation for war damage directly suffered in Ukraine, we explore how international law and dispute resolution can help foreign corporations protect their rights and investments in Russia from adverse measures taken against them, in the context of the war in Ukraine. We analyse how legal and political decisions and developments impact foreign investors with assets or operations in Russia and the prospects of bringing credible arbitration claims.
Part 1 – US warns of serious risks of continuing business in Russia: key options for foreign investors
We discuss the US Government business advisory dated February 23, 2024 - which warns businesses and individuals of serious legal, financial, and reputational risks of maintaining operations in Russia – and the key options available to foreign investors with Russian operations/assets from an investment protection and arbitration angle.
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Part 2 – Launch of the Register of Damage for Ukraine
We take an in-depth look at the Register of Damage for Ukraine, launched on April 2,2024, which allows those with damages/losses/injuries inflicted by the Ukraine war to record their compensation claims.
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Part 3 – Presidential Decree Providing for a Tit for Tat Confiscation of the US Related Assets in Russia
We analyze Decree No. 442 issued by the Russian President on May 23, 2024, which creates substantial risks to the assets of US and other investors remaining in Russia.
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Part 4 – Jurisdictional Battleground in Disputes with Sanctioned Russian Persons
We discuss the risks posed by (i) the growing reliance by sanctioned Russian companies on Russia’s 2020 amendments to its Arbitrazh Procedural Code and (ii) the EU’s 14th Sanctions Package against Russia, and the potential impact of both developments on dispute resolution strategy.
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Part 5 – navigating arbitrator appointments in disputes caught in geopolitical crossfire
The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign of slowing down, a trend which is set to continue as geopolitical tensions deepen.
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