Ukrhydroenergo sues Russia for the destruction of the Kakhovka HPP with Secretariat’s support

On 6 June 2023, the world stood still and watched the unprecedented disaster caused by Russian attacks at the Kakhovka HPP. The explosion caused the uncontrolled discharge of water from the upper reaches of the Kakhovka reservoir. The ensuing flood caused the demolition of the HPP building with its six hydraulic units, the water treatment building, the flooding of the downstream settlements one by one, the endangering of cooling of the reactors in Zaporizhzhia NPP units, as well as significant environmental damage far beyond the territory of Ukraine.

With the assistance of pro bono legal representation secured via the Ukraine Legal Support Platform, Ukrhydroenergo has in the meantime initiated investment arbitration proceedings against the Russian Federation and has sent a notice of dispute to the President, the Government and other relevant bodies of the Russian Federation. Under the Agreement on the Promotion and Reciprocal Protection of Investments between the governments of Ukraine and Russia, the notice of a dispute is the first formal step in an arbitration proceeding. The request for arbitration can be sent once the mandatory 6-month cooling-off period expires.

The Energy Community Secretariat remains steadfast in its support for the Ukrainian energy sector. With the assistance of the Energy Community Secretariat and the participation of two law firms, Ukrhydroenergo is finalising a high-level litigation and arbitration strategy to hold the Russian Federation accountable for the targeted attacks on its infrastructure and assets, including the destruction of the Kakhovka HPP.