“In the global theater of justice, rulings by the Hague Court of Appeal and the Dutch Supreme Court, which underscore Russia’s acquiescence to arbitration, should resonate loud and clear,” the investors contended. If such echoes find an audience in the High Court, the U.K.’s 1978 State Immunity Act would render Russia’s state immunity stance moot.
Jonathan Crow KC, the investors’ knight, was resolute: “Russia’s coffers remain closed, and their vocal resolve to keep them so has been loud and clear.”
However, Russia, draped in its armor of legalities, presented its counter with Khawar Qureshi KC leading the charge. He emphasized the constraints of English law, highlighting that foreign court decisions hold no sway over the Energy Charter Treaty’s interpretation. Notably, the sword of ongoing litigation in Dutch courts hangs precariously overhead.
A new battlefield in the horizon? The Court of Justice of the European Union may yet play a role, as hinted by Qureshi.
A Historical Tapestry
The historical tapestry weaves a tale of intrigue. Yukos awards, first annulled by The Hague’s District Court, found a new lease on life in February 2020 via the Hague Court of Appeal. Russia’s appeal in November 2021 met a brick wall in the Dutch Supreme Court, redirecting the spotlight back to allegations of procedural deceit during the arbitration.
