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America January 15, 2025 3 mins read

Russia Appeals to Block $60B Yukos Award Enforcement, Citing State Immunity

America ı By Rihem Akkouche

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Yukos logo is seen on the wall of the headquarters building after sunset in the Russia’s northern …

Russia sought Wednesday to block former Yukos Oil investors from enforcing an almost $60 billion arbitration award, telling a London appeals court that English courts must consider its claim to state immunity afresh.

Russia argued in the Court of Appeal that a lower English court was wrong to dismiss its claim to state immunity based on the ruling of a Dutch court, contending that English judges must not rely on foreign courts on the issue of immunity.

Vernon Flynn KC of Brick Court Chambers, representing Russia, said an English court "must determine for itself, essentially de novo, whether an applicable exception to the state's adjudicable immunity arises."

"An obligation to give effective immunity ... may only be satisfied by an autonomous determination, applying the civil standard, of the factual and legal arguments said to give rise to immunity," Flynn said. "The conclusion based on issue estoppel arising from a foreign judgment is not a determination at all and certainly not one to the civil standard."

Russia made the case at the Court of Appeal as it takes another shot at arguing that it has state immunity from claims brought on behalf of former investors of Yukos, which was Russia's largest oil company before it collapsed in 2006.

The award was more than $50 billion when it was awarded by an arbitration tribunal in The Hague under the international Energy Charter Treaty of 1991, but had accumulated around $8 billion in interest by the time the case went before a High Court judge in 2023.

The arbitration tribunal made the award after concluding that Russia had breached the treaty by engaging in an illegal campaign to bankrupt the oil company, according to an earlier High Court ruling.

Three companies, Hulley Enterprises Ltd., Veteran Petroleum Ltd., and Yukos Universal Ltd., are bringing a claim against Russia to enforce the arbitration award on behalf of investors.

Judge Sara Cockerill concluded in that 2023 High Court decision that Russia could not re-run arguments about state immunity that had already been rejected in the Dutch courts.

Judge Cockerill held that, under the Civil Jurisdiction and Judgments Act 1982, a foreign ruling on state immunity can be enforced in England if that same decision would have been reached in England.

Russia contends that Judge Cockerill was wrong, and that the English court must consider for itself whether the case falls into an exception for state immunity under the U.K.'s 1978 State Immunity Act.

Russia claims the case does not fall into the exception in Section 9 of the act, which says a state does not have immunity if it has submitted to arbitration.

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