With 14 years of experience as a lawyer in both public and private sectors, I started my career as a civil servant in the state health care system building up the Estonian e-Health system. I continued as a lawyer in national Health Insurance Fund and gained a thorough insight of the health care services industry. From 2013 to 2017 is was the head of State Supervision Division at the Ministry of Justice. I was responsible for representing the State in court and in World Bank investment arbitration, namely the case ARB/14/24. After a long career in public sector I joined the Bar and have been part of some of the biggest transactions in Estonia, namely the merger of Nordea and DNB banks. Based on my long-term experience, I have a broad and thorough understanding of administrative law and practice both at state and local municipal levels, including public procurement, EU law, contract negotiations and court disputes.
Tidskrift Utgiven av Juridiska Föreningen I Finland, 2019
A professional investor must consider all the circumstances before making an investment, includin... more A professional investor must consider all the circumstances before making an investment, including the possibility that the legal environment may change as shows the recent World Bank arbitral award in ICSID case ARB/14/24 in favour of the Estonian State.
The arbitral award is noteworthy in the international context, as arbitration as a tool to dispute resolution is criticized for concerns of transparency and high costs. The UUTBV v Estonia case is one of the most transparent examples with all materials available on the ICSID website. The two weeks of arbitration hearings were live broadcast online for everyone to see and hear. In the case of UUTBV v Estonia, the Arbitral Tribunal has very well demonstrated that national jurisprudence can elegantly and harmoniously work together with international law.
Furthermore, one can see that international investment arbitration and the relevant international law influences national regulation and the way a national legislator or regulator works.
Free and Equitable Treatment vs the State's right to regulate, 2019
A professional investor must consider all the circumstances before making an investment, includin... more A professional investor must consider all the circumstances before making an investment, including the possibility that the legal environment may change, writes Kristiina Rebane, a lawyer at Klauberg Baltics, analyzing a recent World Bank arbitral award in ICSID case ARB/14/24 in favor of the Estonian state. Tallinn City water company AS Tallinna Vesi (ASTV) was privatized in 2001 by the British foreign investor United Utilities. The City of Tallinn retained its shareholding in the company and was a regulator of water prices until 2010. Until the fall of 2010, the company and the city regulated the price of water by a service agreement. In November 2010, an amendment to the water and sewage act was passed to transfer the regulator's powers from the city to an independent regulator, the Estonian Competition Authority (ECA). In 2011, the ECA did not approve the ASTV application for a price increase and issued a precept to lower the water price of water. ASTV challenged the decisions in the national court system and in 2014 filed an application with the World Bank Arbitration to initiate arbitration proceedings against the Republic of Estonia under the Bilateral Investment Treaty (BIT). ASTV was of the opinion that the state and the ECA should regulate the price of water on the basis of the service agreement concluded between the city of Tallinn and the ASTV. The State and the ECA were of the opinion that the service agreement concluded between the City of Tallinn and the ASTV is not binding on the state and that the ECA has the right to apply its own methodology and to regulate the price of water according to its own methodology.
Tidskrift Utgiven av Juridiska Föreningen I Finland, 2019
A professional investor must consider all the circumstances before making an investment, includin... more A professional investor must consider all the circumstances before making an investment, including the possibility that the legal environment may change as shows the recent World Bank arbitral award in ICSID case ARB/14/24 in favour of the Estonian State.
The arbitral award is noteworthy in the international context, as arbitration as a tool to dispute resolution is criticized for concerns of transparency and high costs. The UUTBV v Estonia case is one of the most transparent examples with all materials available on the ICSID website. The two weeks of arbitration hearings were live broadcast online for everyone to see and hear. In the case of UUTBV v Estonia, the Arbitral Tribunal has very well demonstrated that national jurisprudence can elegantly and harmoniously work together with international law.
Furthermore, one can see that international investment arbitration and the relevant international law influences national regulation and the way a national legislator or regulator works.
Free and Equitable Treatment vs the State's right to regulate, 2019
A professional investor must consider all the circumstances before making an investment, includin... more A professional investor must consider all the circumstances before making an investment, including the possibility that the legal environment may change, writes Kristiina Rebane, a lawyer at Klauberg Baltics, analyzing a recent World Bank arbitral award in ICSID case ARB/14/24 in favor of the Estonian state. Tallinn City water company AS Tallinna Vesi (ASTV) was privatized in 2001 by the British foreign investor United Utilities. The City of Tallinn retained its shareholding in the company and was a regulator of water prices until 2010. Until the fall of 2010, the company and the city regulated the price of water by a service agreement. In November 2010, an amendment to the water and sewage act was passed to transfer the regulator's powers from the city to an independent regulator, the Estonian Competition Authority (ECA). In 2011, the ECA did not approve the ASTV application for a price increase and issued a precept to lower the water price of water. ASTV challenged the decisions in the national court system and in 2014 filed an application with the World Bank Arbitration to initiate arbitration proceedings against the Republic of Estonia under the Bilateral Investment Treaty (BIT). ASTV was of the opinion that the state and the ECA should regulate the price of water on the basis of the service agreement concluded between the city of Tallinn and the ASTV. The State and the ECA were of the opinion that the service agreement concluded between the City of Tallinn and the ASTV is not binding on the state and that the ECA has the right to apply its own methodology and to regulate the price of water according to its own methodology.
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Papers by Kristiina Rebane
The arbitral award is noteworthy in the international context, as arbitration as a tool to dispute resolution is criticized for concerns of transparency and high costs. The UUTBV v Estonia case is one of the most transparent examples with all materials available on the ICSID website. The two weeks of arbitration hearings were live broadcast online for everyone to see and hear. In the case of UUTBV v Estonia, the Arbitral Tribunal has very well demonstrated that national jurisprudence can elegantly and harmoniously work together with international law.
Furthermore, one can see that international investment arbitration and the relevant international law influences national regulation and the way a national legislator or regulator works.
The arbitral award is noteworthy in the international context, as arbitration as a tool to dispute resolution is criticized for concerns of transparency and high costs. The UUTBV v Estonia case is one of the most transparent examples with all materials available on the ICSID website. The two weeks of arbitration hearings were live broadcast online for everyone to see and hear. In the case of UUTBV v Estonia, the Arbitral Tribunal has very well demonstrated that national jurisprudence can elegantly and harmoniously work together with international law.
Furthermore, one can see that international investment arbitration and the relevant international law influences national regulation and the way a national legislator or regulator works.