You're reading: Investor-state disputes: towards greater dialogue

April 20, 2017

Hyatt Regency Kiev, London Hall

Initiated by Marchenko Danevych, PBN Hill+ Knowlton Strategies and Nobles Fortune
With the support of American Chamber of Commerce in Ukraine and KyivPost.

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 application
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

Among the Speakers:

Pavlo Petrenko, Minister of Justice of Ukraine

Yulia Kovaliv, Head of Office of National Investment Council under the President of Ukraine

Sevki Acuner, Country Director, EBRD in Ukraine

Lorraine McMahon, CEO, Morgan Furniture

Mykhailo Merkulov, CEO, Arricano

Nadiia Vasylieva, CEO, Microsoft

Christophe Lacarin, Viticulteur

Vadym Shestakov, COO, Dan-Farm Ukraine

The whole list of the speakers you can see on the website of the Conference.

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 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

For further information on the conference visit the website or contact +38 044 221 53 17