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Judgment of The Hague court on YUKOS case unlikely to be revoked
21.04.2016
The judgement made by The Hague district court on the case of former YUKOS shareholders may be subject to appeal, but it is highly unlikely to be revoked.
“An appeal has already been filed in the Supreme Court of the Netherlands, but the probability of it being satisfied is at a minimum. And everyone understands it”, partner of YUST Law Firm, expert on international law Alexander Bolomatov told TASS information agency. According to the lawyer, the decision may only be revoked based on procedural violations. “However, neither of the countries declared any violations of procedural nature”, he added.
Bolomatov described this decision of The Hague court as unique. “The average statistics for such decisions is one in a few years. I think it will be included into many textbooks on international arbitration”, he mentioned. “Substantially today’s decision of The Hague court is very correct and fair.”, the lawyer is convinced. “I am glad that it was made. This is a completely lawful decision. It might not have been made only in one case - as a result of political put-up job. And the fact it was made is an example of rule of law”.
The permanent energy arbitration court “committed serious violations” in the course of hearing the case of former YUKOS shareholders, which the state court of the Netherlands pointed out, Bolomatov underlined. “The decision of the arbitration court (in favor of YUKOS ex-shareholders) may have been upheld on political grounds, and it would not have been a political catastrophe, and revocation of the judgment made by the state court of the Netherlands would have been a political catastrophe, because a court may not be this engaged. No country can afford it”, the lawyer is convinced.
Speaking of the appeal claim filed by representatives of YUKOS ex-shareholders, Bolomatov mentioned that “it may be considered within half a year”. “However, regardless of the appeal, Russia can start seeking cancellation of freezing their accounts and assets abroad based on today’s judgment”, he said.
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The judgement made by The Hague district court on the case of former YUKOS shareholders may be subject to appeal, but it is highly unlikely to be revoked.“An appeal has already been filed in the Supreme Court of the Netherlands, but the probability of it being satisfied is at a minimum. And everyone understands it”, partner of YUST Law Firm, expert on international law Alexander Bolomatov told TASS information agency. According to the lawyer, the decision may only be revoked based on procedural violations. “However, neither of the countries declared any violations of procedural nature”, he added.
Bolomatov described this decision of The Hague court as unique. “The average statistics for such decisions is one in a few years. I think it will be included into many textbooks on international arbitration”, he mentioned. “Substantially today’s decision of The Hague court is very correct and fair.”, the lawyer is convinced. “I am glad that it was made. This is a completely lawful decision. It might not have been made only in one case - as a result of political put-up job. And the fact it was made is an example of rule of law”.
The permanent energy arbitration court “committed serious violations” in the course of hearing the case of former YUKOS shareholders, which the state court of the Netherlands pointed out, Bolomatov underlined. “The decision of the arbitration court (in favor of YUKOS ex-shareholders) may have been upheld on political grounds, and it would not have been a political catastrophe, and revocation of the judgment made by the state court of the Netherlands would have been a political catastrophe, because a court may not be this engaged. No country can afford it”, the lawyer is convinced.
Speaking of the appeal claim filed by representatives of YUKOS ex-shareholders, Bolomatov mentioned that “it may be considered within half a year”. “However, regardless of the appeal, Russia can start seeking cancellation of freezing their accounts and assets abroad based on today’s judgment”, he said.
Read more
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