Journal article
Res Judicata as a General Principle of Law
with Cristian De Fazio, Journal of International Dispute Settlement, forthcoming 2027.
Publications
Professor Yarik Kryvoi’s publications were published by leading international academic publishers, journals and research institutions. His work has appeared with publishers including Routledge, Cambridge University Press, Oxford University Press and Kluwer Law International, and in leading journals such as the International and Comparative Law Quarterly (ICLQ), the Journal of International Dispute Settlement and the International Journal of Constitutional Law.
His research has been cited by the UK Parliament and the European Parliament, US courts, the International Labour Organization, the UN General Assembly, UNCITRAL Working Group III, the UN Committee of Experts on International Cooperation in Tax Matters, international tribunals, think tanks and other policy and legal institutions.
His publications also informed the work of intergovernmental organisations, including the United Nations Office on Drugs and Crime (UNODC), as well as policymakers and other institutions engaged in international law, dispute resolution, governance and legal reform. His broader legal analysis and expert work has additionally been relied on by national courts, including the High Court of England and Wales, Israeli, Irish, Dutch and courts of other jurisdictions.
Type
Topic
Showing 102 of 102 publications
2027
2026
Empirical study
Technology-Based Disputes and Investment Treaty Arbitration
with Charlie Lightfoot and Juan Nascimbene, BIICL and Cooley, 2026.
This empirical study examines investment treaty disputes arising from technology-related investments and State measures affecting the technology sector. It considers the types of investors, technologies and government measures involved, the treaty standards invoked, procedural patterns and outcomes. The study places these disputes within broader developments in artificial intelligence, data governance, digital infrastructure and national security, and identifies practical implications for investors, States, treaty drafters and dispute-resolution practitioners.
Book
The Anatomy of International Arbitration
co-edited with Anna Petrig, Routledge, 2026.
This comparative handbook examines the common foundations and distinctive features of the principal forms of international arbitration. It covers inter-State, investor–State and commercial arbitration, as well as specialist fields, procedural questions and recurring themes across different arbitral regimes.
Book chapter
Investor-State Arbitration
in Anna Petrig and Yarik Kryvoi (eds), The Anatomy of International Arbitration, Routledge, 2026.
This chapter provides a comprehensive introduction to investor–State arbitration as a mechanism for resolving disputes between foreign investors and host States. It traces the system’s historical development from diplomatic protection and mixed claims commissions to modern treaty-based arbitration under bilateral and multilateral investment agreements. It explains the importance of consent, nationality, the definition of a protected investment, jurisdiction, applicable law, arbitral procedure, remedies and enforcement. The chapter also discusses the institutional role of ICSID and other arbitral bodies, the relationship between investment arbitration and domestic courts, and contemporary concerns about legitimacy, transparency, consistency, cost and reform.
Book chapter
Key Concepts of International Arbitration
in Anna Petrig and Yarik Kryvoi (eds), The Anatomy of International Arbitration, Routledge, 2026.
This chapter introduces and defines the principal concepts used across international arbitration. It explains consent, arbitration agreements, jurisdiction, arbitrability, institutional and ad hoc arbitration, the legal seat, applicable procedural and substantive law, the appointment and powers of arbitrators, expedited proceedings, interim measures, awards, challenges, recognition and enforcement. It also explains why international conventions on enforcement often make arbitration more effective than domestic litigation for cross-border disputes involving private parties, States or both. The chapter is intended to provide a common conceptual foundation for understanding the different forms of international arbitration.
Book chapter
Corruption in Contract-Based Investment Disputes: From Allegations to Consequences
in Yuliya Chernykh, David Collins and Hayk Kupelyants (eds), The Redesign of International Investment Contracts, Edward Elgar Publishing, forthcoming September 2026.
This chapter examines how arbitral tribunals deal with corruption allegations in disputes arising from investor–State contracts. It considers the evidentiary difficulties created by secretive conduct, the use of red flags and circumstantial evidence, and the consequences of corruption for jurisdiction, admissibility, the merits and remedies. It also distinguishes between corruption involving the investor, State officials and third parties, and considers how tribunals can avoid both impunity and disproportionate outcomes.
Workshop report
Digital Transformation and AI in Legal Education: A Workshop Report
British Institute of International and Comparative Law, 2026.
The report considers how digital transformation and artificial intelligence are changing legal education and professional training. It addresses instructional design, assessment, practical skills, institutional strategy and the responsible use of emerging technologies.
Blog post
Enforcement of Foreign Arbitral Awards and Judgments in Russia After 2022
CIS Arbitration Forum, 2026.
This article examines the enforcement of foreign judgments and arbitral awards in Russia after 2022. It considers public policy, reciprocity, sanctions, the treatment of parties and decision-makers from “unfriendly” jurisdictions, and the growing effect of geopolitical considerations on Russian court practice.
Blog post
Investor-State Arbitration and the Global South: Prevention, Capacity and Sector-Specific Expertise
BIICL Blog, 16 June 2026.
This post examines the relationship between investor–State dispute settlement and the Global South. It focuses on dispute prevention, institutional capacity, sector-specific expertise and the need to improve States’ ability to identify risks, manage investment relationships and conduct complex disputes. It also considers how training, advisory support and better coordination within governments may reduce avoidable claims and improve the quality of State participation in ISDS.
Blog post
When Gazprom Becomes Russia: Abuse of Rights and Corporate Separateness
BIICL Insights, 25 March 2026.
The article considers when a Russian State-owned company may be treated as closely connected with the Russian State. It examines corporate separateness, abuse of rights, alter-ego arguments and the implications for jurisdiction, immunity and enforcement.
2025
Book
Educating Lawyers in the Digital Age: From Theory to Practice
British Institute of International and Comparative Law, 2025.
The book examines how legal education can become more practical, accessible and effective through instructional design and educational technology. Drawing on educational theory, empirical research and the design of an online investment-law course, it considers learning outcomes, learner engagement, assessment, feedback, professional relevance and evaluation. It also addresses the limits of technology and explains why digital delivery must be supported by sound pedagogy rather than treated as an end in itself.
Journal article
Enhancing Anti-Corruption via Investment Arbitration: From Red Flags to Due Diligence
with Aleksander Godhe, Journal of International Dispute Settlement, 2025.
As corruption allegations become more frequent in investor–State disputes, tribunals face the difficult task of resolving cases and producing enforceable awards despite the secrecy and evidentiary complexity of corrupt conduct. The article examines 92 investor–State cases involving corruption allegations and finds that more than one quarter of the relevant decisions already use a red-flags approach as a means of evaluating corruption risks and circumstantial evidence. Drawing on that empirical analysis, domestic and international law, and soft-law instruments, the article proposes a consolidated list of corruption red flags. It then develops a corresponding due-diligence framework designed to reduce corruption risks, improve predictability in investment arbitration and discourage weak or tactical corruption allegations.
Research paper
Teaching How to Think Like a Lawyer: Seven Essential Legal Skills
BIICL research paper, 23 pp., 2025.
Drawing on interviews with senior practitioners across several jurisdictions, this paper identifies seven adaptive legal skills and proposes ways to bridge the divide between academic instruction and professional practice.
Empirical study
Empirical Study: International Investment Law Protections in Global Banking and Finance
with Arif Ali, David Attanasio and Kai-Chieh Chan, 59 pp., 2025.
This empirical study examines investor–State disputes in banking and finance, including their timing, geographic concentration, jurisdictional bases, outcomes, settlements and damages.
Blog post
Russian Arbitrazh Court Targets Foreign Arbitrators, PCA and a Law Firm
CIS Arbitration Forum, 27 May 2025.
Blog post
A Sharp Resurgence in Russian Litigants in London’s Commercial Court
CIS Arbitration Forum, 21 May 2025.
Empirical study
World Arbitration Caseload 2025: Chinese Institutions Grow, Others Slow
Arbitration Lab institutional report, 18 December 2025.
2024
Journal article
Corruption and Foreign Investments: Empirical Lessons from Treaties and Arbitration Cases
International Journal of Constitutional Law, vol. 22, no. 2, 2024, pp. 585–604.
International investment agreements increasingly contain provisions addressing corruption, but their practical operation remains limited. This article empirically examines both treaty practice and investor–State cases involving corruption allegations. It develops a typology of anti-corruption treaty provisions and analyses the incentives and limitations created by existing formulations. The case analysis shows that corruption is alleged with increasing frequency and that respondent States make most such allegations. Tribunals nevertheless often do not address the allegations or conclude that they have not been proven. In the relatively small number of cases where corruption is established, tribunals have commonly declined jurisdiction or treated the investor’s claims as inadmissible. The article proposes reforms addressing the obligations of investors and States, the supply and demand sides of corruption, and the role of tribunals under public international law.
Empirical study
Empirical Study: Tax-related Measures in Investor-State Arbitration
with Danielle Morris, Sam Winter-Barker and Tunç Savaş, WilmerHale and BIICL, 2024.
Book chapter
Definition of Foreign Investors and Protected Investments: A Comparative Analysis
in National Security and Investment Controls, Springer, 2024, pp. 165–186.
This chapter identifies weaknesses in statutory and treaty definitions of foreign investors and protected investments and develops recommendations for improving them. It compares bilateral and multilateral investment treaties, domestic investment legislation, arbitral awards, and guidance issued by international organisations and experts. The analysis covers the definitions of investment, investor, investment activity and investment dispute, as well as nationality, ownership, control and qualifying assets. It considers the balance between a State’s sovereign regulatory authority and the protection of investors’ legitimate expectations. The chapter also reviews recent reforms and explains why a uniform model cannot simply be transplanted across jurisdictions. Its primary purpose is to assist policymakers revising domestic legislation or treaties, while also supporting comparative analysis in related areas such as foreign-investment screening.
Blog post
Exclusive Jurisdiction of Russian Courts: The Impact of Sanctions and the Lugovoi Law
CIS Arbitration Forum, 2024.
The article explains Articles 248.1 and 248.2 of the Russian Arbitrazh Procedure Code, commonly associated with the Lugovoi Law. It examines exclusive jurisdiction, anti-suit injunctions, penalties and the effect of sanctions on foreign litigation and arbitration agreements.
Blog post
International Claims Commissions: Balancing State Responsibility and Individual Rights
BIICL Blog, 5 September 2024.
This post examines international claims commissions as mechanisms for resolving large numbers of claims arising from conflict, State responsibility and mass harm. It considers how commissions balance inter-State responsibility with the rights and interests of individuals, and discusses standing, evidence, compensation, procedural efficiency and legitimacy. It also reflects on the continuing relevance of claims commissions for contemporary international disputes.
Blog post
Recent Developments at the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform
BIICL Blog, 2024.
This contribution reviews recent negotiations in UNCITRAL Working Group III on reform of investor–State dispute settlement. It discusses progress and continuing disagreement concerning a multilateral investment court, appellate review, an advisory centre, procedural reform, damages, costs and the code of conduct. It places the negotiations within the broader debate over legitimacy, consistency, access and the institutional design of ISDS.
Empirical study
World Arbitration Caseload 2024 – Mapping the Terrain
with Anna Petrig, Arbitration Lab, 5 November 2024; research assistance by Darren Leow Yee Kiat.
2023
Empirical study
Empirical Study: Provisional Measures in Investor-State Arbitration (2023)
with David Goldberg and Ivan Philippov, White & Case and BIICL, 2023.
This study updates the 2019 empirical report on provisional measures in investor–State arbitration and analyses 160 publicly available decisions. It examines developments following the revision of the ICSID and Additional Facility Rules, the procedural efficiency of applications, the time tribunals take to decide them, the types of measures requested and the legal tests applied. It also compares outcomes across arbitral rules and updates the statistical findings of the earlier report.
Book
Public and Private Governance of Cybersecurity: Challenges and Potential
co-edited with Tomoko Ishikawa, Cambridge University Press, 2023.
This edited volume examines how cybersecurity is governed by States, international organisations, businesses, infrastructure operators and other private actors. It explores the interaction between public and private regulation, attribution and responsibility, information sharing, due diligence, domestic and international remedies, and the role of technology companies. The contributions assess both the limits of existing law and the potential for more effective multi-actor governance.
Book
The International Centre for Settlement of Investment Disputes
5th ed., Kluwer Law International, 2023.
This book provides a comprehensive treatment of the ICSID system under the ICSID Convention, the Additional Facility and the revised ICSID Rules. It examines jurisdiction, registration, constitution of tribunals, written and oral procedure, evidence, provisional measures, awards, interpretation, revision, annulment, recognition and enforcement. It also discusses institutional practice and leading decisions, making it both a doctrinal study and a practical guide.
Book chapter
Responding to Public and Private Cyberattacks
in Tomoko Ishikawa and Yarik Kryvoi (eds), Public and Private Governance of Cybersecurity, Cambridge University Press, 2023.
This chapter distinguishes cyberattacks carried out by public actors from those carried out by private actors and argues that the nature of the attacker should shape the legal response. It compares domestic-law tools, particularly criminal law, with international-law responses including self-defence and countermeasures. After examining the differing purposes, methods and effects of public and private cyber operations, the chapter identifies serious limitations in existing domestic and international frameworks and proposes a more integrated approach. It also shows that cooperation on cybersecurity often follows political and strategic alignments: Western States have developed instruments such as the Budapest Convention, while China, Russia and their partners have supported alternative regional frameworks. These competing approaches illustrate the limits of genuinely global cooperation.
Book chapter
Introduction
with Tomoko Ishikawa, in Public and Private Governance of Cybersecurity, Cambridge University Press, 2023.
The introduction sets out the central questions of public and private cybersecurity governance. It explains why effective responses require interaction between States, international institutions, technology companies, infrastructure operators and other private actors.
Research paper
Three Dimensions of Inequality in International Investment Law
book chapter version, 2023.
This paper places international investment law in its historical and economic context and examines three forms of inequality. First, although investment agreements should theoretically benefit both developed and developing countries, the practical advantages of the system tend to accrue disproportionately to capital-exporting States, international law firms and arbitrators, while many developing States lack the expertise and resources needed to manage disputes. Second, foreign investors may receive stronger procedural and substantive protection than domestic investors. Third, economically powerful corporations may avoid meaningful accountability for human-rights, labour, environmental or corruption-related harms. The paper recommends giving greater weight to host-State law, including investor obligations in investment agreements, strengthening claims and counterclaims by States, reducing the duration and cost of proceedings, and improving States’ capacity to prevent and manage disputes.
Blog post
Artificial Intelligence and the Practice of Investor-State Arbitration
BIICL Blog, 8 November 2023.
This post examines how artificial intelligence may affect the practice of investor–State arbitration. It considers research, document review, drafting, prediction, case management and the analysis of large datasets, including empirical work on provisional measures. It also discusses professional responsibility, confidentiality, accuracy, transparency and the limits of relying on automated tools in complex legal proceedings.
Policy report
Improving Saudi Arabia’s Arbitration Climate: Comparative Study and Recommendations
Comparative study and recommendations, 45 pp., 2023.
This comparative study assesses Saudi Arabia’s arbitration framework and proposes reforms informed by international standards and the experience of leading arbitral jurisdictions.
Book chapter
The Geopolitical Divide, Norm Conflict and Public-Private Partnership in Cybersecurity Governance
with Tomoko Ishikawa, in Tomoko Ishikawa and Yarik Kryvoi (eds), Public and Private Governance of Cybersecurity: Challenges and Potential, Cambridge University Press, 2023.
The chapter examines regional and global approaches to cybersecurity governance, the divide between State-oriented and market-oriented models, and the role and limits of private actors in developing effective norms.
2022
Blog post
The Effect of Sanctions on Investment Arbitration
BIICL Blog, 24 October 2022.
This post examines the effect of sanctions imposed after Russia’s 2022 invasion of Ukraine on investment arbitration. It considers restrictions affecting legal services, arbitral institutions, payments and representation of sanctioned parties, as well as the relationship between sanctions, access to justice and fair-trial rights. It also reviews the development of European Union exceptions for contentious legal services and the practical consequences for arbitral proceedings.
Blog post
UNCITRAL Investor-State Dispute Settlement Reform Group Makes Progress Despite Disagreements
BIICL Blog, 20 September 2022.
This post summarises the forty-third session of UNCITRAL Working Group III on investor–State dispute settlement reform. It identifies areas of progress and continuing disagreement among States, including institutional reform, appellate mechanisms, an advisory centre, procedural rules and the sequencing of reform options. The post explains the political and technical difficulties of developing a broadly acceptable multilateral reform package.
Blog post
Practitioners’ View of the New ICSID Arbitration Rules: A Step in the Right Direction, but Many Unknowns and Risks of Abuse
Kluwer Arbitration Blog, 2022.
This commentary evaluates the revised ICSID Arbitration Rules from a practitioner perspective, identifying improvements as well as unresolved questions and possible procedural risks.
Blog post
Russia’s Invasion of Ukraine and International Law: Questions and Answers
with Kristin Hausler, Iris Anastasiadou, Jean-Pierre Gauci, Noemi Magugliani, Irene Pietropaoli and Berenika Drazewska, BIICL Insights, 17 March 2022.
2021
Empirical study
Empirical Study: Costs, Damages and Duration in Investor-State Arbitration
with Matthew Hodgson and Daniel Hrčka, Allen & Overy and BIICL, 2021.
This empirical study examines more than 400 investor–State cases conducted under ICSID, UNCITRAL and other arbitration rules, together with more than 70 ICSID annulment decisions. It analyses the duration and cost of proceedings, the allocation of legal and tribunal costs, the amounts claimed and awarded, and patterns in damages. The study provides a statistical basis for assessing efficiency, cost exposure and outcomes in ISDS.
Policy report
Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution
with Hussein Haeri, Camilla Gambarini and Robert Kovacs, Withers and BIICL, 2021.
This report examines sovereign wealth funds as major transnational economic actors and analyses the legal issues arising from their structure, investment activity and disputes. It reviews definitions and models of sovereign wealth funds, cross-border operations, dispute resolution before national and international courts and tribunals, sovereign immunity, enforcement, sanctions and future trends. The report focuses particularly on strategic jurisdictional and merits issues in disputes involving State-owned investment vehicles.
Empirical study
Empirical Study: Annulment in ICSID Arbitration
BIICL, 14 July 2021.
This study examines more than 150 publicly available ICSID annulment decisions rendered by ad hoc committees. It analyses the grounds invoked, procedural patterns, the frequency of full and partial annulment and the treatment of recurring issues under Article 52 of the ICSID Convention. Building on ICSID’s background work on annulment, it provides a comprehensive empirical picture of how the annulment mechanism operates in practice.
Journal article
Private or Public Adjudication? Procedure, Substance and Legitimacy
Leiden Journal of International Law, vol. 34, no. 3, 2021.
The article questions the conventional division between public and private adjudication. It analyses procedure, applicable law, institutional design and the interests affected by adjudicatory decisions, arguing that legitimacy cannot be assessed through a single label. Instead, legitimacy depends on how public and private features interact in a particular system and on whether procedural and substantive arrangements are appropriate to the functions performed.
Journal article
Non-Retroactivity as a General Principle of Law
with Shaun Matos, Utrecht Law Review, 2021, pp. 46–58.
This article examines whether the non-retroactive application of law constitutes a general principle recognised across domestic and international legal systems. It distinguishes the strong prohibition on retroactive criminal liability from the more qualified treatment of retroactivity in civil, administrative, regulatory and tax law. The analysis reviews national systems and international jurisprudence and asks when legitimate expectations, legal certainty and fairness limit the retrospective operation of legal rules. It concludes that non-retroactivity cannot be treated as an absolute principle outside the criminal context. Instead, its application depends on the field of law, the nature and purpose of the measure, and the need to balance individual expectations against legitimate public-policy objectives.
Blog post
Russian Law Experts in English Courts – Practical Aspects
CIS Arbitration Forum, 2021.
This article explains how Russian law is proved in English courts. It considers the qualifications and duties of experts, the use of Russian legislation and judicial practice, differences between legal systems and the treatment of earlier English decisions on Russian law.
Blog post
Expert Group Meeting on Corruption and International Investments – Key Findings Revealed
BIICL Blog, 20 December 2021.
This post reports the principal findings of expert meetings organised in the context of the United Nations Convention against Corruption concerning corruption, foreign direct investment and investor–State dispute settlement. It summarises recommendations on treaty drafting, domestic investment laws, anti-corruption compliance, due diligence, illicit financial flows, technology and the role of ISDS in addressing corruption. It also explains the international policy process that led to the underlying research.
Policy report
UK and International Experience in the Admission, Regulation and Operation of Arbitral Institutions
Great Britain–China Centre, 49 pp., 2021.
This report surveys UK and international approaches to the establishment, admission, regulation and operation of arbitral institutions and draws practical lessons for institutional reform.
2020
Working-paper version
Three Dimensions of Inequality in International Investment Law
British Institute of International and Comparative Law, 2020.
This paper places international investment law in its historical and economic context and examines three forms of inequality. First, although investment agreements should theoretically benefit both developed and developing countries, the practical advantages of the system tend to accrue disproportionately to capital-exporting States, international law firms and arbitrators, while many developing States lack the expertise and resources needed to manage disputes. Second, foreign investors may receive stronger procedural and substantive protection than domestic investors. Third, economically powerful corporations may avoid meaningful accountability for human-rights, labour, environmental or corruption-related harms. The paper recommends giving greater weight to host-State law, including investor obligations in investment agreements, strengthening claims and counterclaims by States, reducing the duration and cost of proceedings, and improving States’ capacity to prevent and manage disputes.
Empirical study
Empirical Study: Corporate Restructuring and Investment Treaty Protections
with Ed Poulton, Ekaterina Finkel and Janek Bednarz, BIICL and Baker McKenzie, 36 pp., 2020.
This study analyses publicly available investor–State decisions addressing corporate structuring and restructuring, including treaty planning, jurisdiction, abuse of process and timing.
Blog post
Corporate Restructuring in Investor-State Disputes: Can We Predict Tribunals’ Decisions?
Kluwer Arbitration Blog, 11 May 2020.
This commentary draws on empirical evidence to consider when corporate restructuring is likely to be accepted as legitimate investment planning and when tribunals may regard it as an abuse of process.
Previous edition
The International Centre for Settlement of Investment Disputes
4th edition, Kluwer Law International, 2020.
The fourth edition of the monograph on the structure, jurisdiction, procedure and practice of ICSID. It is listed separately from the current edition to avoid double counting.
2019
Empirical study
Empirical Study: Provisional Measures in Investor-State Arbitration
with David Goldberg and Ivan Philippov, White & Case and BIICL, 2019.
This study provides the first comprehensive empirical examination of provisional measures in investment treaty arbitration. It analyses more than 100 decisions and orders issued under ICSID, UNCITRAL and other arbitration rules. The report examines the types of measures requested, the standards applied, the duration of applications and the factors associated with success, offering practical insights into tribunal practice and procedural strategy.
Blog post
Why State Requests for Provisional Measures Fail in Investor-State Disputes?
Kluwer Arbitration Blog, 2019.
This commentary examines recurring reasons why respondent States have struggled to obtain provisional measures in investor–State arbitration.
Blog post
Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?
Kluwer Arbitration Blog, 2019.
This commentary considers how investment tribunals reconcile indirect-expropriation claims with a State’s freedom to regulate in the public interest.
Glossary
Glossary of Terms and Concepts of the System of Settlement of Disputes Between States and Investors [Глоссарий терминов и понятий системы урегулирования споров между инвесторами и государствами]
with Maxim Usynin, Academic Forum on Investor-State Dispute Settlement, 2019, 31 pp. (in Russian).
2018
Journal article
The Path of Investor-State Disputes: From Compensation Commissions to Arbitral Institutions
ICSID Review, vol. 33, no. 3, 2018, pp. 743–765.
This article traces the historical development of investor–State dispute resolution from diplomatic protection and international compensation commissions to modern arbitral institutions. It examines the institutional and procedural evolution of claims mechanisms, the changing role of individuals and corporations in international law, and the emergence of treaty-based arbitration. The article places contemporary ISDS within a longer history of international claims settlement.
Research paper
ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them
BIICL and, 2018.
This paper maps practical concerns raised by users of ICSID arbitration and evaluates how proposed reforms address them. It covers the appointment and challenge of arbitrators, conflicts and over-commitment, emergency and expedited procedures, summary dismissal, amicable settlement, consolidation, costs and security for costs, the timely rendering of awards and consistency in annulment decisions. It also compares the ICSID Rules with UNCITRAL, SCC and CETA mechanisms and proposes further improvements.
Journal article
Economic Crimes in International Investment Law
International and Comparative Law Quarterly, vol. 67, 2018.
The article examines how investor–State tribunals address bribery, corruption, fraud, money laundering and other economic crimes. It analyses jurisdiction, admissibility, attribution, burden and standard of proof, evidentiary presumptions and remedies. It argues that tribunals should distinguish carefully between different forms of wrongdoing and between investor and State responsibility, rather than relying on broad public-policy statements or automatic dismissal.
Blog post
Bribery, Corruption, and Fraud in Investor-State Disputes: How Should Tribunals Approach Economic Crimes?
Kluwer Arbitration Blog, 2018.
This contribution discusses how investor–State tribunals should address allegations of bribery, corruption and fraud. It considers evidentiary standards, burden of proof, adverse inferences and the consequences of proven illegality.
Policy report
Comparative Analysis of National Legislation and International Good Practices concerning Justice Authorities and Recommendations for Kazakhstan
World Bank-funded report, 191 pages, 2018.
This World Bank-funded report compares the legislation, policies and procedures governing justice authorities in Kazakhstan with practices in France, Germany, Singapore, the United Kingdom and the United States, as well as reform experience in Estonia, Georgia and Poland. It examines the origins and functions of justice authorities, their governing principles, relations between the executive, judiciary and prosecution services, and their organisational and operational capacity. The report identifies the strengths and limitations of different institutional models, the risks involved in transferring them between legal systems, and practical options for reform, including responses to cybercrime, prison overcrowding, civil-liberties concerns and the need to strengthen public trust.
Policy report
Comparative Analysis of Kazakhstan’s Legislation and Practice on Rulemaking and Legislative Drafting
World Bank-funded report, 217 pages, 2018.
This World Bank-funded report evaluates Kazakhstan’s rulemaking and legislative-drafting framework against comparative practice in France, Germany, Singapore, the United Kingdom and the United States, together with reform experience in Estonia, Georgia and Poland. It covers the full regulatory cycle: identifying the problem, preparing and scrutinising drafts, consulting affected stakeholders, considering regulatory and non-regulatory alternatives, adopting rules, and monitoring their effects. The report emphasises clear drafting, regulatory impact assessment, ex ante and ex post evaluation, transparency, oversight and a citizen-centred approach as essential elements of coherent and effective regulation.
Policy report
Comparative Analysis for Further Development of Kazakhstan’s Entrepreneurship Code
World Bank-funded report, 229 pages, 2018.
This World Bank-funded report develops options for reforming Kazakhstan’s Entrepreneurship Code by comparing approaches in Kazakhstan, Canada, Germany, Russia, Singapore and the United Kingdom, together with relevant rules of public international law. It focuses on corporate law, contract law and the protection of foreign investment, and considers how useful elements of civil-law and common-law systems might be combined in light of expanding international trade and the establishment of the Astana International Financial Centre. Each part identifies recent reform initiatives, comparative best practices, implementation issues and policy choices for improving the legal environment for business and investment.
Research paper
Investment Promotion and Protection in the Canada–UK Trade Relationship
with Andrea Bjorklund and Jean-Michel Marcoux, 46 pp., 2018.
This paper examines options for investment promotion and protection in the future Canada–UK trade relationship, including treaty standards and investor–State dispute settlement.
2017
Book
Law and Practice of International Arbitration in the CIS Region
co-edited with Kaj Hobér, Wolters Kluwer, 2017.
This book provides a comparative account of arbitration law and practice across the CIS region. It addresses national legislation, arbitral institutions, court support, recognition and enforcement, and the practical treatment of international and domestic arbitration.
Interview
Interview with ICSID Secretary-General Meg Kinnear: ICSID and the CIS Region
CIS Arbitration Forum, 2017.
This interview examines why States in Eastern Europe and Central Asia accounted for a substantial share of the ICSID caseload and why Energy Charter Treaty claims were increasing. Meg Kinnear discusses dispute-prevention and early-warning mechanisms, training for respondent States, regional and gender diversity in arbitral appointments, practical routes for aspiring ICSID arbitrators, and the accessibility and cost of proceedings for smaller claimants. The interview also addresses the then-ongoing amendment of the ICSID Rules and efforts to make proceedings more efficient, modern and cost-effective.
Book chapter
Characteristics and Trends of Law and Practice of International Arbitration in the CIS Region
with Kaj Hobér, in Kaj Hobér and Yarik Kryvoi (eds), Law and Practice of International Arbitration in the CIS Region, Wolters Kluwer, 2017.
This comparative chapter identifies common features, differences and practical trends in arbitration legislation and practice across the CIS region.
Book
Labour Law in Belarus
2nd edition, Kluwer Law International, 2017.
This monograph describes and analyses individual and collective labour law in Belarus, including employment contracts, termination, working conditions, collective relations and dispute resolution.
Blog post
Arbitration in the CIS Region: From Soviet Roots to Modern Arbitration Laws
Kluwer Arbitration Blog, 2017.
This commentary traces the development of arbitration in the CIS region from the Soviet legal legacy to contemporary national arbitration regimes.
Conference report
Consolidating the International Investment Agreement Network
with Steffen Hindelang, rapporteurs’ report for Break-out Session 3, UNCTAD Annual High-level IIA Conference, 10 October 2017, 3 pp.
2016
Journal article
Procedural Fairness as a Precondition for Immunity of International Organizations
International Organizations Law Review, vol. 13, no. 2, 2016, pp. 255–272.
This article examines the relationship between the immunity of international organisations and the availability of fair alternative procedures for resolving disputes.
Policy report
Improving Arbitration Climate in Japan: Report and Recommendations
with Dai Yokomizo, 8 pp., 2016.
This report assesses Japan’s arbitration environment and offers recommendations intended to increase the use and effectiveness of international arbitration.
Country report
Belarus: Nations in Transit 2016
Freedom House, Nations in Transit, 2016.
This country report assesses democratic governance, electoral processes, civil society, media independence, local governance, judicial independence and corruption in Belarus.
Previous edition
The International Centre for Settlement of Investment Disputes
3rd edition, Kluwer Law International, 2016.
The third edition of the monograph on the structure, jurisdiction, procedure and practice of ICSID. It is listed separately from the current edition to avoid double counting.
2015
Policy paper
From Sanctions to Summits: Belarus After the Ukraine Crisis
with Andrew Wilson, European Council on Foreign Relations Policy Memo No. 132, 5 May 2015.
This policy memo analyses how Russia’s actions in Ukraine altered Belarus’s strategic position, reinforced concerns in Minsk about excessive dependence on Russia and encouraged cautious efforts to strengthen Belarusian national identity. It argues that these changes did not amount to domestic political liberalisation and that Belarus was unlikely to abandon its broadly pro-Russian orientation, despite tentative diplomatic engagement with the European Union. The authors conclude that the EU’s sanctions-focused policy had failed to produce meaningful political reform and recommend greater engagement with Belarusian society, support for economic reform, easier travel, stronger public knowledge of the EU and measures to counter Russian propaganda.
Journal article
Consent Awards in International Arbitration: From Settlement to Enforcement
with Dmitry Davydenko, Brooklyn Journal of International Law, vol. 40, 2015, pp. 827–868.
This article examines consent awards as a mechanism for converting settlements into enforceable arbitral awards and analyses legal and practical issues from settlement through enforcement.
Journal article
The Law Applied by International Administrative Tribunals: From Autonomy to Hierarchy
George Washington International Law Review, vol. 47, 2015, pp. 267–301.
This article examines the sources and hierarchy of law applied by international administrative tribunals and the gradual movement from institutional autonomy toward a more coherent body of international administrative law.
Blog post
Enforcement of Settlement Agreements Reached in Arbitration and Mediation
with Dmitry Davydenko, CIS Arbitration Forum, 27 November 2015.
This commentary considers the legal routes for enforcing settlement agreements concluded during arbitration and mediation.
Interview
More Parties Include ICC Arbitration Clauses, the Number of CIS Disputes Rising
Interview with the Secretary General of the ICC International Court of Arbitration and Director of ICC Dispute Resolution Services, CIS Arbitration Forum, 22 December 2015.
This interview discusses trends in ICC arbitration, including the growing use of ICC clauses and the number and characteristics of disputes involving parties from the CIS region.
2014
Book review
Contract Law in Russia
book review, King’s Law Journal, vol. 25, 2014, pp. 488–491.
This review assesses Contract Law in Russia by Maria Yefremova, Svetlana Yakovleva and Jane Henderson as a long-needed English-language account of Russian contract law for practitioners and scholars unfamiliar with the Russian legal system. It highlights the book’s combination of statutory analysis, Russian commercial-court decisions and comparisons with English legal concepts. The review argues that this approach helps readers understand not only the formal rules but also how Russian courts apply them in practice, and notes the value of a work written jointly by Russian practitioners and a British academic.
Legal commentary
The Yukos Arbitration Decision
LexisNexis, 2014.
This commentary summarises the principal findings of the Yukos investment-arbitration awards. It explains the former shareholders’ allegations that Russia used tax reassessments, enforcement proceedings and the transfer of assets to the State-owned company Rosneft as instruments of expropriation; the tribunal’s treatment of attribution, good faith and tax measures; and the award of more than USD 50 billion in damages. It also considers the anticipated challenges before the Dutch courts, the practical difficulty of enforcement against State assets abroad, and the wider significance of the awards for creeping expropriation, taxation disputes and State-owned enterprises.
Legal commentary
Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?
LexisNexis, 2014.
Written following Russia’s 2014 annexation of Crimea, this article considers whether foreign investors whose assets were affected could seek protection through investment treaties and international arbitration. It examines the territorial application of Ukrainian and Russian investment treaties, the relevance of effective control and the disputed legal status of Crimea, and the jurisdictional difficulties facing Ukrainian, Russian and third-country investors. The article highlights the uncertainty surrounding consent, applicable treaty protections and enforcement, while identifying investment arbitration as a possible route for claims arising from interference with investments in the territory.
Legal commentary
Russia’s Mistral Deal under International Sanctions—Will the Dispute Be Arbitrable?
CIS Arbitration Forum / LexisPSL Arbitration, 3 October 2014.
This commentary examines the arbitrability and potential dispute-resolution consequences of sanctions affecting the Franco-Russian Mistral warship transaction.
Working-paper version
Arbitrability of Corporate Disputes in Russia: To Be or Not to Be
with Sergey Strembelev, CIS Arbitration Forum Working Paper No. 1/2014; English working-paper version of the Russian-language article published in Zakon in 2013.
This English working-paper version analyses the arbitrability of Russian corporate disputes and the interaction between arbitration agreements, shareholder relations and mandatory jurisdictional rules.
2013
Journal article
Corporate Disputes in Arbitration Tribunals: To Be or Not To Be [Рассмотрение корпоративных споров третейскими судами: быть или не быть?]
with Sergey Strembelev, Zakon, no. 4, 2013, pp. 108–118 (Russian).
This Russian-language article examines whether particular categories of corporate dispute may be resolved by arbitral tribunals, especially disputes over ownership of shares or participatory interests and disputes arising from shareholders’ agreements. It analyses Russian legislation and the inconsistent practice of Russian commercial courts, including the relationship between special jurisdiction of State courts and arbitrability. The article also compares approaches in common-law jurisdictions and considers how comparative experience could inform the development of Russian law and judicial practice.
Journal article
International Courts and Tribunals
with Emerson Beishline, Elizabeth Holland, Andrew Loewenstein, Eva Nudd, Evgeniya Rubinina and Luke Wilson, ABA/SIL Year in Review, vol. 47, 2013, pp. 129–147.
This annual review surveys significant developments in the work and jurisprudence of international courts and tribunals.
Previous edition
The International Centre for Settlement of Investment Disputes
2nd edition, Kluwer Law International, 2013.
The second edition of the monograph on the structure, jurisdiction, procedure and practice of ICSID. It is listed separately from the current edition to avoid double counting.
2012
Journal article
Counterclaims in Investor-State Arbitration
Minnesota Journal of International Law, vol. 21, 2012.
This chapter provides a comprehensive introduction to investor–State arbitration as a mechanism for resolving disputes between foreign investors and host States. It traces the system’s historical development from diplomatic protection and mixed claims commissions to modern treaty-based arbitration under bilateral and multilateral investment agreements. It explains the importance of consent, nationality, the definition of a protected investment, jurisdiction, applicable law, arbitral procedure, remedies and enforcement. The chapter also discusses the institutional role of ICSID and other arbitral bodies, the relationship between investment arbitration and domestic courts, and contemporary concerns about legitimacy, transparency, consistency, cost and reform.
Book chapter
Bribery and Russia-Related Arbitration
in Arbitration in CIS Countries: Current Issues, 2012, pp. 113–126.
Book chapter
Flexibility and Security in World Bank’s Doing Business Reports
in Tomas Davulis and Daiva Petrylaitė (eds), Labour Regulation in the 21st Century: In Search of Flexibility and Security, Cambridge Scholars Publishing, 2012, pp. 49–62.
This chapter critically examines how the World Bank’s Doing Business reports measure employment regulation and balance labour-market flexibility with worker security.
2011
Working-paper version
Counterclaims in Investor-State Arbitration
London School of Economics Legal Studies Working Paper No. 8/2011; working-paper version of the article published in the Minnesota Journal of International Law in 2012.
This working-paper version examines consent to counterclaims and the sources of investor obligations in investor–State arbitration. It is listed separately from the final journal article.
Journal article
Misconceptions about International Commercial Arbitration in Russia [Заблуждения о международном коммерческом арбитраже]
with Noah Rubins, Korporativnyi Yurist (Корпоративный юрист), no. 1, 2011, pp. 56–58 (in Russian).
2010
Journal article
Piercing the Corporate Veil in International Arbitration
Global Business Law Review, vol. 1, 2010, p. 169 et seq.
This article examines when arbitral tribunals may disregard separate corporate personality and attribute rights, obligations or liability across a corporate group.
Journal article
Can an Arbitration Award Be Expropriated? Introductory Note to European Court of Human Rights: Kin-Stib and Majkic v. Serbia
International Legal Materials, vol. 49, 2010, p. 1181 et seq.
This note analyses the European Court of Human Rights’ treatment of non-enforcement of an arbitral award and asks when the resulting deprivation may amount to expropriation.
Blog post
Piercing the Corporate Veil and Enforcement
Kluwer Arbitration Blog, 3 May 2010.
This commentary considers corporate separateness and veil-piercing questions that arise when enforcing arbitral awards against companies and related entities.
Previous edition
The International Centre for Settlement of Investment Disputes
1st edition, Kluwer Law International, 2010.
The first edition of the monograph on the structure, jurisdiction, procedure and practice of ICSID. It is listed separately from later editions to avoid double counting.
2009
Book chapter
The World Bank and the ILO: Two Visions of Employment Regulation
in Roger Blanpain and Claire Grant (eds), Fixed-Term Employment Contracts: A Comparative Overview, Wolters Kluwer, 2009, pp. 47–59.
This chapter compares the World Bank and International Labour Organization approaches to employment regulation, labour-market flexibility and international labour standards.
2008
Journal article
Employee Ownership and Corporate Governance in Post-Privatization Russia
UC Davis Business Law Journal, vol. 8, 2008, pp. 298–322.
This article examines the development of employee ownership in Russian companies following mass privatisation. It analyses how insider ownership affected corporate control, management incentives, enterprise restructuring and the protection of minority shareholders. Although employee share ownership initially appeared capable of spreading the benefits of privatisation, dispersed workers often lacked the information, organisation and practical power required to influence management. Managers and controlling insiders were therefore able to consolidate ownership and maintain control. The article considers the implications of this experience for corporate-governance reform and for the broader assessment of post-privatisation ownership structures.
Journal article
Why European Union Trade Sanctions Do Not Work
Minnesota Journal of International Law, vol. 17, 2008, pp. 209–246.
This article evaluates European Union trade sanctions imposed in response to labour-rights violations, focusing particularly on Belarus and Myanmar. It examines the legal basis and design of the measures, the political and economic incentives facing target governments, and the practical difficulties of producing behavioural change through trade restrictions. The analysis considers enforcement, substitution of trading partners, the distribution of economic harm and the risk that sanctions strengthen rather than weaken domestic political control. It argues that sanctions are unlikely to succeed when objectives are vague or unrealistic and when restrictive measures are not integrated with a broader diplomatic and economic strategy.
2007
Thesis
The EU Generalized System of Preferences and Labor Standards: The Role of Law, Economics and Politics
Published LL.M. thesis, Harvard Law School, Cambridge, Massachusetts, 2007.
This thesis analyses the use of labour conditionality under the European Union’s Generalized System of Preferences and the legal, economic and political factors affecting its operation.
Book
Legal Regulation of Temporary Agency Work [Правовое регулирование заемного труда]
Gomel: E.A. Kovaliova, 2007, 160 pp. (in Russian).
Journal article
Enforcing Labor Rights against Multinational Corporate Groups in Europe
Industrial Relations: A Journal of Economy and Society, vol. 46, no. 2, 2007, pp. 366–386.
2006
Country report
National Labour Law Profile: Kazakhstan
International Labour Organization, 2006.
This profile provides an overview of Kazakhstan’s labour-law system, including sources of law, employment contracts, working conditions, termination, collective labour relations, dispute resolution and enforcement institutions.
2005
Alternative-language publication
Smarriti nella transizione: i lavoratori meno giovani nelle economie europee di transizione
Diritto delle Relazioni Industriali, vol. 15, no. 4, 2005, pp. 1019–1026 (Italian).
This Italian-language article examines the position of older workers during the transition from centrally planned to market economies in Central and Eastern Europe. It considers how enterprise restructuring, redundancies and changing labour demand affected employment security and exposed older workers to age-related disadvantage. The article discusses anti-discrimination rules, dismissal protection, retraining and social-policy responses, emphasising that formal legal guarantees require effective enforcement and active labour-market measures if older workers are not to be excluded from the benefits of economic transition.
2000
Journal article
Transnational Corporations and Labour [Транснациональные корпорации и труд]
Pravovedenie (Правоведение), no. 5 (232), 2000, pp. 121–126 (in Russian).
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