An article on the Protection of Economic Rights: Pros and Cons of Applying to the European Court of Human Rights (ECHR), by Sergiy Gryshko, Partner and Head of Dispute Resolution at Redcliffe Partners, has been published in issue 33 of YURYST & ZAKON analytical periodical.
According to official ECHR statistics, Ukraine is the most frequently named respondent in the ECHR, compared with the other states. Given that the economic rights of Ukrainian and foreign individuals and legal entities may also be protected by means of investment arbitration, the article considers the pros and cons of the ECHR, juxtaposing ECHR case law with the practice of investment tribunals.
In particular, the article discusses the accessibility of the forum; wide margin of appreciation doctrine; exhaustion of domestic remedies; shareholders' claims on damages suffered by a company; available remedies; caseload and chances of success; as well as duration and cost of case consideration.
Full text is available in Russian. Read more