Judge Howell’s Original Reasoning
In her November 2023 ruling, Judge Howell had ruled against Russia’s immunity defense, stating the Kremlin had clearly agreed to submit disputes over jurisdiction and arbitrability to the tribunal.
“The Russian Federation did clearly agree… to submit to the tribunal authority to resolve jurisdiction and arbitrability challenges,” Howell wrote, warning that allowing relitigation would undermine the foundational principle of arbitration — finality.
She also emphasized the importance of holding states accountable in international commerce, noting that accepting Russia’s argument would incentivize abuse of arbitration processes.
Background: The Yukos Saga
The Yukos shareholders secured the massive $50 billion award in 2014 after claiming Russia unlawfully expropriated the oil giant in the early 2000s. The enforcement of the award has since moved through several jurisdictions, including Dutch courts, where Russia has sought annulment.
The enforcement proceeding in Washington, D.C., was filed in 2014 but has been paused several times pending litigation abroad.
