Notably, the judge dispelled any notion of “special circumstances” that would allow re-argumentation. This case’s complexity and the involvement of a multilateral treaty did not dissuade her. “Each of those elements can be grappled with, and a clear path discerned,” Judge Cockerill affirmed.
Tim Osborne, chief executive of GML, the majority stakeholder in Yukos, portrayed Russia’s legal strategy as a relentless attempt to re-litigate a case that had suffered multiple defeats. He saw this ruling as a step closer to holding the Russian Federation accountable for its actions.
Russia’s representation was minimal due to White & Case LLP’s withdrawal from the case following the country’s invasion of Ukraine. In support of the Ukrainian people, the firm closed its Moscow office and issued a statement.
Repercussions and Ongoing Battles
This legal saga involves multiple twists and turns. While the District Court of The Hague set aside the awards two years after their issuance, this decision was reversed in February 2020 by The Hague Court of Appeal. The Dutch Supreme Court’s refusal to entertain Russia’s jurisdictional challenges in November 2021 set the stage for a reconsideration of allegations of procedural fraud in the arbitration proceedings.
