Vernietigings- en herroepingsprocedure. Arbitrale uitspraken gedaan naar aanleiding van gebeurtenissen op de Krim in 2014 op grond van een bilateraal investeringsverdrag gesloten tussen Oekraïne en de Russische Federatie.
Everest Estate LLC et al. v. The Russian Federation PCA Case No. 2015-36
"Herewith a letter from Mr.. .., Deputy Director of the Department of International Law and Cooperation, Ministry of Justice of the Russian Federation, is conveyed to the Permanent Court of Arbitration.
Nothing in the attached letter of the Ministry of Justice of the Russian Federation can be interpreted as consent of the Russian Federation to constitution of an arbitral tribunal, participation in arbitral proceedings, or as procedural action taken in the framework of the proceedings, mentioned herein, or as a waiver by the Russian Federation of the jurisdictional immunities in respect of itself and its property in relation to any judicial or administrative proceedings or procedures, connected directly or indirectly with these claims, including immunity from court jurisdiction and immunity from any measures of constraint that can be connected directly or indirectly with these claims, regardless of the jurisdiction (national or supranational) under which they are initiated."
"We return you herewith the Notices of Arbitration on the arbitration proceedings initiated under Article 9 of the Agreement between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the Encouragement and Mutual Protection of Investments before the Permanent Court of Arbitration by same companies [volgt opsomming van Notices of Arbitration van, onder meer, Everest c.s., toevoeging hof].
It is manifest that such claims cannot be considered under the Agreement mentioned above and, therefore, the Agreement cannot serve as a basis for composing an arbitral tribunal to settle these claims.
In accordance with paragraph 1 Article 1 of the Agreement the term "investment" means every kind of movable and immovable and intellectual property invested by an investor of one Contracting Party in the territory of the other Contracting Party in accordance with the legislation of the latter Contracting Party. The property in question which is the matter of the claims is situated in the territory of Crimea and Sevastopol, i.e. in the territory that was a part of Ukraine but at the present time pursuant to the will of people forms an integral part of the territory of the Russian Federation and cannot be regulated by the Agreement.
On the basis of the above mentioned the Russian Federation does not recognize the jurisdiction of an international tribunal at the Permanent Court of Arbitration in settlement of the abovementioned claims."
... Decision on jurisdiction. ..
"For the reasons set forth above, the Tribunal decides:
1. to uphold its jurisdiction to adjudicate the merits of the Claimants' claims
2. to defer to its decision on the merits the award of costs and
3. to consult the Parties on the procedural timetable for the merits phase"
... Award. ..
"For the reasons set forth above, the Tribunal decides:
a) That Respondent illegally expropriated Claimants in breach of Article 5 of the BIT.
b) To award Claimants the amounts listed below in compensation for their respective expropriated properties:
i. Everest Estate: USD 8,454,596, plus interest from 3 September 2014
ii. Edelveis-2000: USD 35,767,393, plus interest from 3 September 2014
iii. Fortuna: USD 16,980,281, plus interest from 3 September 2014
iv. UBK-Invest: USD 5,248,483, plus interest from 3 September 2014
v. Niva-Tour: USD 12,127,235, plus interest from 3 September 2014
vi. IMME: USD 356,070, plus interest from 3 September 2014
vii. Planeta PE: USD 272,555, plus interest from 3 September 2014
viii. Krim Development: USD 319,319, plus interest from 3 September 2014
ix. Aerobud: (a) USD 817,150, plus interest from 3 September 2014, and
(b) USD 257,999, plus interest from 9 October 2014
x. Privatoffice: USD 3,768,461, plus interest from 3 September 2014
xi. Dayris and Privatland jointly: USD 5,062,435, plus interest from 3 September 2014
xii. Diline: (a) USD 2,165,754, plus interest from 3 September 2014, and
(b) USD 1,176,219, plus interest from 27 February 2015
xiii. Zhisa: USD 368,576, plus interest from 3 September 2014
xiv. Dan-Panorama: USD 5,715,827, plus interest from 24 September 2014
xv. Sanatorium Energetic: USD 10,920,929, plus interest from 24 September 2014
xvi. AMC Finansovyy Kapital: USD 15,463,757 (for MVIF Capital Investments) and USD 226,311 (for
MVIF Noviy Fund), plus interest from 3 September 2014
xvii. AMC Financial Vector (for MVIF D-Capital Plus): USD 3,967,724, plus interest from 3 September
xviii. Mr. [gedaagde 19]: USD 1,049,288, plus interest from 3 September 2014.
c) To award each of the Claimants its share of the Claimants' costs as set forth in Appendix III, for a total sum of USD 8,583,110.02.
d) To award each of the Claimants its share of the costs of the Tribunal and the PCA as set forth in Appendix IV, for a total sum of EUR 650,000.
e) To award Claimants: (i) interest on all the amounts awarded at the annual rate of twelve-month LIBOR plus one percentage point compounded annually (ii) the initial rate shall be the twelve-month LIBOR in effect on the last business day of the month preceding the date of this Award plus one percentage point, such rate to be revised annually until full payment of the amounts awarded (iii) in the case of amounts awarded in compensation for expropriation, interest shall accrue as from the date of expropriation (as identified in b) above) and (iv) in the case of amounts awarded in c) and d) above, interest shall accrue as from the date of this Award.
f) To dismiss all other claims."