It is no surprise that foreign investors regularly assert denial of justice claims against Ukraine, as its courts are widely criticised for corruption, lack of independence and inefficiency.
What is surprising is that most of denial of justice claims against Ukraine failed.
Oleh Marchenko, Anastasia Kotliarchuk and Nikolay Yurlov in their article for The European Arbitration Review 2022 discuss why and explore denial of justice from a wider perspective of investor-state, ECtHR, ICJ and EU jurisprudence.
