Expert Opinion on International Law Issues, Professor Alan Vaughan Lowe, in re: Yukos Oil Company, Case No. 04-47742-H3-11
Article from: TDM 3 (2005), in Investor-State Disputes - International Investment Law
Introduction
Professor Lowe was asked to give an opinion on the questions of public international law that arise in this case. The essential question is whether the US Bankruptcy Court has jurisdiction to apply Chapter 11 bankruptcy procedures to the YUKOS Oil Company ['YUKOS']. For the reasons set out in this expert opinion it is the view of Professor Lowe that, although the Court may have had jurisdiction to issue provisional measures designed to protect the position pending full consideration of the matter, as a matter of public international law the Court lacks jurisdiction to maintain ...