17:52 17.12.2020

Number of investors in RES decide to go to intl arbitration if feed-in tariffs recognized unconstitutional - lawyer

2 min read

KYIV. Dec 17 (Energy Reform) - A number of investors in the renewable energy sector have already made internal decisions to go to international arbitration if the Constitutional Court of Ukraine recognizes feed-in tariffs on the submission of people's deputies as unconstitutional, lawyer Timur Bondarev, the managing partner of Arzinger law firm, representing the interests of the industry, has said.

"Our company already has at least about ten investors who have made an internal decision to apply to international arbitration if feed-in tariffs are declared unconstitutional," Bondarev said at a press conference at the Interfax-Ukraine agency, adding that one company has already filed a claim in connection with this issue to the Ministry of Justice of Ukraine.

According to him, a number of large international law firms have confirmed the existence of great winning chances for representatives of the RES industry.

At the same time, he expressed hope that the Constitutional Court will carefully consider the appeals of specialized associations, find an opportunity to bring them to the hearing and take into account the scientific conclusions regarding the feed-in tariffs provided to it by the investors' lawyers.

"The case is very difficult, it has a very long historical tail and it is in the interests of the court to make an unbiased decision," he said, expressing surprise at the court's decision to hear the case in a closed format, announced the same day on the eve of the press conference.

At the same time, Bondarev called it incomprehensible that the judge, when considering the case, noted the absence of additional materials and petitions on it.

"The formal approach and the closed review are of great concern to us. I hope this is some kind of mistake, and the position of the industry will be heard," the lawyer said.

As reported, a number of specialized renewable energy associations filed a petition with the Constitutional Court to involve them in the consideration of the case on the appeal to the Constitutional Court of 47 MPs to declare unconstitutional provisions of the laws on alternative energy sources and on the electricity market, considering that its objective consideration is impossible without taking into account the position of the whole industry.

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