What's Tax Got To Do With It? The Yukos Tribunal's Approach to Motive and Treaty Interpretation
Article from: TDM 5 (2015), in Investor-State Disputes - International Investment Law
On July 18, 2014, a tribunal composed of The Hon. L. Yves Fortier, Chairman, Dr. Charles Poncet and Judge Stephen M. Schwebel (the Yukos tribunal or tribunal) rendered three awards against the Russian Federation, finding that the Russian Federation had unlawfully expropriated the Yukos Claimants' investments and had violated the obligation to treat their investments fairly and equitably under the Energy Charter Treaty (ECT). While the Yukos awards will likely be remembered for the amount of over 50 billion USD in damages awarded and the finding of contributory fault on the part ...