Russia sued Hague three petitions appealing against decisions on claims of three ex-Yukos shareholders – Hulley Enterprises, Yukos Universal and Veteran Petroleum (affiliated with GML) – on payment of $ 50 billion. This is stated in the Ministry of Finance.
«Russian Ministry of Finance informs that the January 28, 2015 The Russian Federation filed in the District Court of The Hague three applications for annulment of arbitral awards made in international arbitration within three parallel arbitration proceedings initiated by the former majority shareholders of JSC” NC “YUKOS “on the basis of the Energy Charter Treaty,” – said in a statement.
According to RBC, November 10 Russia appealed to the Court’s judgment on the payment of $ 50 billion in the Yukos case.
Via the Ministry of Finance explained that the appeal was presented to the former shareholders of Yukos in November, which was the basis for the institution of legal proceedings on the abolition of all three awards.
A source close to the Finance Ministry told RBC that appeal on 10 November petition January 28 – the documents of the same order. According to him, these requests can be sent to and together with the appeal in November, “but we hesitated not to disclose the legal right tactics».
In their petitions Russia indicates that the award “directly contradict two earlier decisions independent Chamber of the European Court of Human Rights. ” “Both chambers unanimously ruled that Yukos was engaged in large-scale tax evasion that decisions about their additional charge of Yukos were lawful and comply with the legislation of the Russian Federation that the Russian authorities were not politically motivated, and that Yukos is discriminated against. The petition also states that the scheme Yukos tax evasion would have been declared illegal by the tax authorities of almost all countries of the world, “- the report says the Ministry of Finance.
The petition also states that the claims of former Yukos shareholders’ not had ever seen international arbitration, because the dispute was purely internal Russian character ».
Russia filed a request for annulment (motion to set aside), but not filed a motion to suspend the execution of the decision (stay off execution ), RBC said a source close to the former shareholders of Yukos. While GML has not started to enforce the court’s decision, Russia can not apply for it to stop, says adviser to the law firm “Yukov and partners” Vsevolod Miller. To start reclaim $ 50 billion, GML must file claims based on the location of assets in Russia, yet claims no – no activities that need to suspend, explains the lawyer.
The decision came into force in July, and since January 15, 2015 began to accrue on the amount of compensation (about $ 2.4 million per day).
Just 28 January Hague District Court began its consideration of the Russian appeal against the decision on the “Yukos case”, said RBC representative of the court. According to him, it involves only the beginning “written procedure”. And the date of the first hearing has not yet appointed.
International Court of Arbitration in The Hague, July 18 verdict on the “Yukos affair” (public award was announced July 28, 2014). The trial lasted almost 10 years. According to the court, Russia is obliged to pay the former owners of Yukos $ 50 billion, and pay court costs of $ 65 million.
The Court found that the “Yukos affair” Russia violated the Energy Charter and the de facto expropriated the oil the company from its rightful owners. The representative plaintiff claimed that the state had received a direct benefit from the bankruptcy of Yukos, as a key asset of the company – “Yuganskneftegaz” – came under the control of the state “Rosneft”. Initially, the amount claimed was $ 114 billion.
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