Abstract

The article centers around the role of international commercial and investment arbitration in gas transportation sphere of Ukraine. The article reflects on key arbitration disputes that have taken place over the last decade involving Ukrainian parties, with such disputes poignantly showing the significance of commercial / investment arbitration not only for Ukraine but for the European gas sector overall.

This article covers the following segments in arbitration disputes involving Ukrainian gas transportation sphere: (i) case of RosUkrEnergo v. Naftogaz of Ukraine; (ii) Naftogaz of Ukraine v. Gazprom arbitration over gas trade and transportation contracts; (iii) Gazprom v. Ukraine, investment arbitration dispute over the penalty award rendered by the Ukrainian antitrust watchdog; (iv) present trends for commercial arbitration use in gas transportation disputes and the forthcoming burst of such cases.