Overview

The concept of contributory fault in international law has been developed to address the consequences of blameable conduct of a party injured by an internationally wrongful act. It has been applied most recently in the three awards rendered in the arbitration between the majority shareholders of Yukos and the Russian Federation (referred to hereinafter as Hulley awards). In these awards, the tribunal reduced the damages awarded to the claimants by 25 %, which was the figure corresponding to the tribunal's assessment of the claimants' contribution to the injury. In nominal ...