Tim Otty QC acted for the Government of Ukraine in a ground-breaking case believed to represent the largest ever treaty claim brought against Ukraine.
The Government of Ukraine successfully defended a US$6
billion claim in a landmark arbitration brought by three Cypriot companies -
Littop Enterprises, Bridgemont Ventures, and Bordo Management - before the
Stockholm Chamber of Commerce (SCC) in connection with the Energy Charter
The companies are minority shareholders in Ukrnafta, Ukraine’s largest producer of oil and associated gas, alongside the main shareholder, Naftogaz, a Ukrainian State-owned company. Despite holding only a minority stake, the Cypriot companies exercised operational control over Ukrnafta until 2015, when Ukraine adopted legislation that limited the ability of minority shareholders to exercise control of companies in Ukraine.
The Cypriot companies subsequently brought an ECT claim for payment of damages in excess of US$6 billion. They claimed that the changes in Ukraine’s corporate governance legislation was unlawful, and alleged that Naftogaz and Ukraine’s energy regulator sought to fix the price at which Ukrnafta sells gas to Naftogaz at a level below Ukrnafta’s cost of production and had prevented Ukrnafta from selling its natural gas on the open market.
On February 4, 2021 the SCC Tribunal unanimously dismissed the case for lack of jurisdiction and in doing so handed Ukraine the largest investment arbitration win in the country’s history.
Tim is currently engaged as an advocate in other substantial arbitrations relating to both the energy sector and regulation of the media and gambling industries. He has acted as an advisor to a number of European, African, Asian and Middle Eastern states or sovereign wealth funds and also sits as an arbitrator in a wide range of disputes embracing sport and all areas of commercial law.