KPMG in Ukraine took part in the II Legal Energy Forum | KPMG | UA

KPMG in Ukraine took part in the II Legal Energy Forum

KPMG in Ukraine took part in the II Legal Energy Forum

On November 1, 2017, Yuriy Katser, Director, Head of Legal Advisory Services at KPMG in Ukraine, moderated the Energy Disputes Session, and presented an expert review "Peculiarities of Protecting Foreign Investments in the Energy Sector."

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KPMG in Ukraine took part in the II Legal Energy Forum

On November 1, 2017, Yuriy Katser, Director, Head of Legal Advisory Services at KPMG in Ukraine, moderated the Energy Disputes Session, and presented an expert review "Peculiarities of Protecting Foreign Investments in the Energy Sector."

The expert spoke about additional mechanisms for protecting the rights of foreign investors in the energy sector and presented a detailed overview of the security tools offered by the Energy Charter Treaty. He highlighted the issue of investment in the energy sector and who is recognized an investor in accordance with the document. Yuriy noted that the Energy Charter Treaty obliges the state to provide a fair and equal treatment for investors (FET clause), to ensure maximum protection and security of investment (Full protection and security clause), to not prevent investment applying unjustified or discriminatory measures (Umbrella clause), to grant the regime no less favorable than to its own investors and investors from third countries, and effective means of protection and enforcement of their rights. In addition, the Energy Charter Treaty prohibits expropriation or nationalization of investments and guarantees the freedom of transfers related to investment.

Besides that, Yuriy pointed out that the Energy Charter Treaty provides broad opportunities for investors to assert their rights in the international arbitration (for example, ICSID, SCC and other ad hoc arbitral tribunals or individual arbitrators acting in accordance with the rules of UNCITRAL), and gave some examples of such disputes with Ukraine.
 

© 2017 KPMG-Ukraine Ltd., a company incorporated under the Laws of Ukraine, a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

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