Yuliya Chernykh

• Chernykh, Yuliya (2021). National Report for Ukraine (2021). In Bosman, Lise (Eds.), ICCA International Handbook on Commercial Arbitration . Wolters Kluwer. ISSN 9789065449672. p. 1–43.
• Chernykh, Yuliya (2020). Assessing Convergence between International Investment Law and International Trade Law through Interpretative Commissions/Committees: A Case of Ambivalence? In Gáspár-Szilágyi, Szilárd; Behn, Daniel & Langford, Malcolm (Ed.), Adjudicating Trade and Investment Disputes: Convergence or Divergence?. Cambridge University Press. ISSN 1108487408. p. 211–243.
• Chernykh, Yuliya (2018). The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention. In Schill, Stephan W.; Tams, Christian J. & Hofmann, Rainer (Ed.), International Investment Law and History. Edward Elgar Publishing. ISSN 978 1 78643 995 6. p. 241–286. doi: 10.4337/9781786439963.00017.
• Chernykh, Yuliya (2017). Book Review. Christian Djeffal, Static and Evolutive Treaty Interpretation: A Functional Reconstruction, CUP 2016. Nordic Journal of International Law. ISSN 0902-7351. 86(4), p. 547–551. doi: 10.1163/15718107-08604001.
• Chernykh, Yuliya (2017). The Last Citadel: The Restricted Role of Lawyers in Soft Commodity Arbitration. Transnational Dispute Management. ISSN 1875-4120. 2. Show summary

  For a long time, soft commodity arbitration has been portrayed as over-simplistic and possibly archaic. Critical observations have traditionally focused on non-legal adjudicators and non-legal party representatives struggling to apply English law to the international sale of soft commodities. Some of the key features of these arbitral proceedings – arbitral panels consisting mostly of traders, the limits on party representation by legal counsels in oral hearings and the non-reimbursement of legal costs unless both parties agree - have caused great dissatisfaction to those emphasizing international arbitration as an area exclusively for sophisticated first-class international lawyers. On the basis of current research in law and economics, this article suggests revisiting the restricted role of lawyers in soft commodity arbitration from the added value to trade perspective. Empirical studies showing the courts’ limited possibilities of establishing trade usages and customs and theories of contractual formalism and minimalism can go some way towards explaining the phenomena of limiting lawyers’ access to soft commodities arbitration.

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• Chernykh, Yuliya (2022). Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue. Brill|Nijhoff. ISBN 978-90-04-41470-9. 548 p. Show summary

  Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

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• Chernykh, Yuliya (2022). Book discussion 'Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue' at the European University Institute (The EUI International Economic Law and Policy and Private Law Theory working groups).
• Chernykh, Yuliya (2022). International investment law and investment treaty arbitration: setting another level of control over central banks operation?
• Chernykh, Yuliya (2022). Book talk. Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue.
• Chernykh, Yuliya (2022). Introduction to Ukrainian Legal Culture.
• Chernykh, Yuliya (2022). Incidental Issues in Investment Treaty Arbitration: A Case for Contract Interpretation? .
• Chernykh, Yuliya (2022). Boklansering med Yuliya Chernykh: «Contract Interpretation in Investment Treaty Arbitration».
• Chernykh, Yuliya (2021). ‘Umbrella Clause’ . In Dovgert, A.S.; Seregin, O.Yu.; Borysova, V.I.; Kalakura, V.Ya.; Kot, O.O.; Kokhanovska, O.V.; Kuznetsova, N.S.; Lukyanov, D.V. & Shumylo, I.A. (Ed.), Big Ukrainian Legal Encyclopedia, Part XIII Private International Law. Pravo. ISSN 978-966-998-309-1. p. 561–564.
• Chernykh, Yuliya (2021). Domestic Law on Environmental Protection in ISDS: Issues of Identification, Ascertainment, and Application.
• Chernykh, Yuliya (2021). Europeanisation of the Olympic Host City Contracts .
• Chernykh, Yuliya (2021). Review of Jean Ho, State Responsibility for Breaches of Investment Contracts . European journal of international law. ISSN 0938-5428. 32(2), p. 702–709. doi: 10.1093/ejil/chab043.
• Chernykh, Yuliya (2020). Interpretation of Settlement Agreements in Investment Treaty Arbitration:Tracing, Questioning and Explaining Textualism.
• Chernykh, Yuliya (2020). Treaty Parties’ role in treaty interpretation: joint committees and commissions Programme: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/wgiii_treaty_interpretation_webinar_4_june.pdf.
• Sattorova, Mavluda; Jonathan, Bonnitcha; Chernykh, Yuliya & Josef, Ostřanský (2021). Preventing, mitigating and managing investor-state disputes. Academic Forum on ISDS .
• Chernykh, Yuliya (2021). Research Project of the International Council for Commercial Arbitration 'Does a Right to a Physical Hearing Exist in International Arbitration?' National Report: Ukraine. ICCA (International Council for Commercial Arbitration).
• Chernykh, Yuliya & Usynin, Maxim (2020). Comments to the UNCITRAL Secretariat’s Note ‘Possible reform of investor-State dispute settlement (ISDS) Appellate mechanism and enforcement issues’. United Nations Commission on International Trade Law / UNCITRAL (website's section 'Submissions and Additional Research Materials').
• Chernykh, Yuliya (2020). Contract Interpretation in Investment Treaty Arbitration . Universitetet i Oslo.

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