The US Court of Appeal dismissed the claim of the former Yukos shareholders against Russia for $ 50 billion
of the YUKOS company. This is reported by RIA Novosti with reference to the court ruling.
Ex-shareholders of YUKOS demand $ 50 billion from Russia
The judicial authority decided to reject the claim: the appeal granted the petition of the defendant in the person of Russia and rejected the petition of the former shareholders of the company to review the decision of the lower court, which suspended the case. “The petition was granted, the case was closed,” the resolution says.
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Earlier, Russia asked a court in the US District of Columbia not to reopen the case for the payment of compensation to the former Yukos shareholders until the end of the proceedings in the Netherlands. Thus, Moscow, in response to a petition to reopen the process, noted that the suspension of proceedings in this case is appropriate and fully justified, since further proceedings may be fruitless if Russia wins a final victory in Holland or any further appeals to the Supreme Court of the Netherlands.
Obfuscated process
In early November, the Dutch Supreme Court overturned Russia's payment of more than $ 50 billion to former Yukos shareholders and ordered it to be reconsidered. The court's website notes that the body ruled in favor of Russia and canceled the order to pay compensation to three former major shareholders of the oil company.
The explanatory note states that, for procedural reasons, the Hague Court of Appeal erroneously ignored Russia's argument that the shareholders allegedly committed fraud in the arbitration procedure and therefore did not issue a decision on the merits. Consequently, the decisions of the Court of Appeal cannot remain in force. Thus, the Supreme Court of the Netherlands overturned the decision of the court, which sided with the shareholders.
Former shareholders of Yukos filed a lawsuit in the International Arbitration Court in The Hague back in 2005. Initially, the court sided with them and in 2014 ordered Russia to pay them $ 50 billion. The decision was overturned by the District Court of The Hague in 2016, but then the appellate instance sided with the shareholders in February 2020.
The Russian side
In 2020, the Deputy Head of the Ministry of Justice and the country's representative in the European Court of Justice on Human Rights (ECHR) Mikhail Galperin. According to him, Moscow's position in the case against the former owners of the oil company is confirmed by serious arguments and “a lot of evidence.” cannot be considered bona fide investors and are not subject to the EU Energy Charter Treaty. Moscow also points out that the foreign legal entities involved in the process are actually controlled by former Russian oligarchs, which means that they cannot be considered foreign investors at all.
In the same year, the Russian Constitutional Court (CC) allowed former Yukos shareholders not to pay 57 billion dollars by the decision of the Hague Court of Appeal.