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The Court Case of the Canadian Investor TIU Canada May Set a Dangerous Precedent in Ukraine: GOLAW Attorneys’ Point of View

GOLAW attorneys Kateryna Manoylenko and Kateryna Tsvetkova presented a full overview of the current state of affairs between TIU Canada and the Nikopol Ferroalloy Plant during a press conference held at the Interfax-Ukraine news agency on the 15TH of September.

“The court decision in favor of the Nikopol Ferroalloy Plant (NFP) in the case of disconnecting TIU Canada solar power plant from the grids in Nikopol can set a dangerous precedent in Ukraine and actually allow other big enterprises, completely ignoring the law, disconnect consumers and electricity producers”, says Kateryna Tsvetkova, attorney at law at GOLAW, who represents the Canadian investor in Ukraine.

The operation of the solar power plant TIU Canada, a project with about 15 million US dollars of investments, has been blocked for more than a year due to illegal actions of the Nikopol Ferroalloy Plant, to the grids of which the solar power plant had been connected. The Nikopol Ferroalloy Plant arbitrarily disconnected the station, justifying its actions by the alleged need for repairs.

Kateryna Manoylenko, attorney at law at GOLAW, in her turn noted that disconnecting the solar power plant from the grid requires compliance with a certain procedure. In the case of TIU Canada in Nikopol the plant had to, in accordance with the law, obtain prior permits, which has not been done.

On the 8TH of September the scheduled court hearing took place. The Nikopol Ferroalloy Plant, the day before the court hearing, filed an appeal against the decision of the court of the first instance, with which he had previously fully agreed. During the court hearing it became known that the court accepted the appeal of the Nikopol Ferroalloy Plant’s representatives, despite the fact that the terms of the appeal submission expired six months ago.

“According to the Nikopol Ferroalloy Plant, it failed to timely file the appeal due to the lack of financial means to pay court fees, as well as imposed quarantine restrictions, without providing any evidence to support these statements. At the same time, according to the annual report of the Nikopol Ferroalloy Plant for 2020, the company received UAH 456 million in net profit”, said Kateryna Tsvetkova, attorney at law at GOLAW, who represents the Canadian investor in Ukraine.

Despite all above-mentioned, the court accepted the appeal of the Plant’s representatives. According to GOLAW attorneys, the panel of judges of the Court of Appeal is delaying the decision in the case. Now, due to reasonable doubts about the objectivity and impartiality of judges, GOLAW attorneys have filed an application to dismiss the panel of judges.

The next court hearing is scheduled for the 4TH of October and will take place in the Northern Commercial Court of Appeal of Kyiv.

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