Investment Arbitration – Protect Your Investments During Wartime

Investment arbitration is an independent dispute-resolution mechanism between foreign investors and states. It has become an essential tool for Ukrainian businesses affected by war, providing a rapid, impartial forum for recovery outside of the defendant state's national courts — vital if the state is hostile. Arbitration procedures are designed to secure fair compensation for expropriated or destroyed property as well as for lost value and profit due to deteriorated conditions. The process starts with assessment and documentation of damages, followed by a pre-arbitration negotiation (3–6 months). If settlement fails, an impartial tribunal selected for its expertise and independence reviews the claim. On a successful outcome, the losing party must cover the awarded damages and often the costs. Ukraine has signed dozens of investment treaties with arbitration clauses — for instance, with Russia, where protection continues until 2033. Multiple precedents (Naftogaz, gas station chains, Belbek Airport) confirm that global arbitration works for Ukrainian interests. The average process costs $2–7 million, yet the prospect of reclaiming substantial assets often justifies the investment. Arbitration opens the door to fair redress via independent, international proceedings, even if national courts in the aggressor country block local justice.