Arbitral Digest

Matter

Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8)

Case no.
ARB/08/8
  1. 8 March 2010Arbitration

    8 March 2010Arbitration

    Decision on Jurisdiction dated 8 March 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The tribunal dismissed Ukraine's objections to jurisdiction and reserved its determination on costs until the conclusion of the proceedings.

    Supporting details

    12 authorities · 21 participants
    Inmaris Perestroika Sailing Maritime Services GmbH
    Windjammer Beteiligungsgesellschaft mbH & Co. KG
    Inmaris Windjammer Sailing GmbH i.L.
    Inmaris Windjammer Chartering GmbH i.L.
    Ukraine
    International Centre for Settlement of Investment Disputes
    Institutional administrator
    Sven-Holger Undritz
    Arbitrator
    Noah Rubins
    Tribunal secretary
    Aissatou Diop
    Other
    Witness
    Uwe Koch

    Authorities cited

    12
    • Agreement between the Federal Republic of Germany and Ukraine for the Promotion and Reciprocal Protection of Investments (Germany-Ukraine BIT, 15 February 1993)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Vienna Convention on the Law of Treaties, 1969
      treaty
    • Ukraine Law on Foreign Investments Regime (Law of Ukraine on Foreign Investments Regime, 16 July 1999)
      statute
    • Ukraine Decree on Currency Regulation System and Currency Control (Decree of the Cabinet Ministers of Ukraine, 14 July 1999)
      statute
    • Ukraine Law on the Procedure for Settlement in Foreign Currency (Law of Ukraine on the Procedure for Settlement in Foreign Currency, 4 October 1994)
      statute
    • Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/03/25, Award, 16 August 2007)
      case-law
    • Inceysa Vallisoletana, S.L. v. Republic of El Salvador (ICSID Case No. ARB/03/26, Award, 2 August 2006)
      case-law
    • Phoenix Action, Ltd. v. The Czech Republic (ICSID Case No. ARB/06/5, Award, 15 April 2009)
      case-law
    • Ioan Micula et al. v. Romania (ICSID Case No. ARB/05/20, Decision on Jurisdiction and Admissibility, 24 September 2008)
      case-law
    • Ceskoslovenska Obchodni Banka, a.s. v. Slovak Republic (ICSID Case No. ARB/97/4, Decision on Objections to Jurisdiction, 24 May 1999)
      case-law
    • Joy Mining Machinery Ltd. v. Arab Republic of Egypt (ICSID Case No. ARB/03/11, Award on Jurisdiction, 6 August 2004)
      case-law

    1 year, 11 months and 22 days later · 724 days

  2. 1 March 2012Arbitration

    1 March 2012Arbitration

    Award dated 1 March 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The tribunal found that Ukraine breached the fair and equitable treatment obligation, impeded the management, maintenance, use or enjoyment of the claimants' investment by arbitrary or discriminatory measures, and expropriated the investment without compensation. It rejected the remaining claims, dismissed Ukraine's counterclaim on the merits, and decided that each party would bear its own costs, fees, and other expenses. The monetary awards stated in the source are redacted.

    Supporting details

    2 authorities · 11 participants
    Inmaris Perestroika Sailing Maritime Services GmbH
    Windjammer Beteiligungsgesellschaft mbH & Co. KG
    Inmaris Windjammer Sailing GmbH i.L.
    Inmaris Windjammer Chartering GmbH i.L.
    Ukraine
    International Centre for Settlement of Investment Disputes
    Institutional administrator
    Sven-Holger Undritz
    Arbitrator
    Noah Rubins
    Tribunal secretary
    Aissatou Diop
    Tribunal secretary
    Alicia Martin Blanco

    Authorities cited

    2
    • Agreement between the Federal Republic of Germany and Ukraine for the Promotion and Reciprocal Protection of Investments (Germany-Ukraine BIT, 15 February 1993)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty

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Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8) · Matter