نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشکدة حقوق دانشگاه شهید بهشتی، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی دانشکدة حقوق دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In 2005, the majority shareholders of Yukos Oil Company initiated three arbitration proceedings against the Russian Federation administered under the Energy Charter Treaty (ECT). In the arbitrations, the claimants complained of arbitrary, unfair and discriminatory treatment, and an unlawful expropriation of the company by the Russian Federation who shall compensate the damage. Based on the claimants’ agreement, the three cases have been initiated in one arbitral tribunal and because of their commonalities, they became the subject of the one proceedings. In response, the Russian Federation, initially, put forwarded jurisdictional objections about the UNCITRAL Arbitration. On 30 November 2009, the arbitral tribunal issued an interim award on Jurisdiction and Admissibility and upheld its jurisdiction to hear the three cases. Finally, on 18 July 2014, the tribunal ordered the Russian Federation to pay damages in excess of USD 50 billion to the majority shareholders of Yukos Oil Company. This is by far the largest award ever rendered by an arbitral tribunal. The tribunal in the awards analyzed some main issues in investment dispute settlements which it has much to teach us in that regard. Thus, the principal aim of this article is to critically analyze the validity arbitral Award with regard to the jurisdictional objections raised by Russian Federation.
کلیدواژهها [English]
10. Pinsole, P. (2007). The Dispute Resolution Provisions of Energy Charter Treaty, Internatioinal Law Review, Vol. 3.
11. Kardassopoulos, V. Georgia, ICSID Case, Decision on Jurisdiction, July 6, 2007, Available on https://www.italaw.com.
12. Pantechniki, S. A. Contractors & Engineers V. Republic of Albania, ICSID Case, Award 30 July 2009, Available on https://www.italaw.com.
13. Russian Federation V. Yukos Universal Ltd., Russian Federation V. Hulley Enterprises Ltd., Russian Federation v. Veteran Petroleum Limited (20 april 2016), available at http://ita.law.uvic.ca/documents/ [In the text reffered as “The Hague Court Award”].
14. Yukos Universal Ltd. V. Russian Federation, Interim Award onJurisdiction and Admissibility, Hulley Enterprises Ltd. v. Russian Federation, Interim Award on Jurisdiction and Admissibility, Veteran Petroleum Trust v. Russian Federation, Interim Award on Jurisdiction and Admissibility, (Nov. 30, 2009), available at http://ita.law.uvic.ca/documents/ [In the text reffered as “Yukos Interim Awards”
15. Yukos Universal Limited V. The Russian Federation, Hulley Enterprises Limited V The Russian Federation, Veteran Petroleum Limited V The Russian Federation, final award (18 July 2014); Availlable on http://ita.law.uvic.ca/documents/ [In the text reffered as “Yukos Final Awards”].