Published 21 October 2014
One of the most interesting features of the three awards handed down in the arbitrations brought by the Yukos majority shareholders against the Russian Federation (hereinafter referred to as the “Yukos Majority Awards”) was the tribunal’s extensive reliance on illegally obtained evidence. Specifically, the tribunal relied on confidential diplomatic cables from the United States Department of State that had been published on WikiLeaks. WikiLeaks first began publishing confidential diplomatic cables on November 28, 2010, nearly three months after the first investment treaty tribunal to analyze the Russian Federation’s tax assessments against Yukos issued its award finding that the tax assessments constituted an unlawful expropriation.
Articles in this series of Yukos papers so far:
Winning the Battle Does Not Mean Winning the War: Challenges Facing the
Yukos Shareholders in Enforcing Their Arbitration Awards Against the Russian
Federation in England and Wales
by M. Davies
on OGEL and on TDM