More than six years after the arrest of Mikhail Khodorkovsky, head of the Russian Yukos oil empire carved up today, a judicial rebound with 100 billion dollars at stake Monday intervened in the case.
The tribunal in The Hague has made the November 30 "award" which theoretically opens the way for plaintiffs to claim damages from the Russian state in an amount estimated by them at 100 billion dollars.
The plaintiffs in this case are three former Yukos shareholders who held together a 60% share of the business booming in the early 2000s. Both are subsidiaries of GML (formerly Group Menatep): Hulley Enterprises and Yukos Universal and Veteran Petroleum Limited, a pension fund to finance the pensions of employees of Yukos.The complaint before the Judicial Arbitration international date from 2005, when Mikhail Khodorkovsky was arrested in October 2003, behind bars awaiting his first trial, when the empire began to be dismantled, primarily for the benefit of Rosneft oil company controlled by the Russian state.
An arbitration was a precedent for foreign firms
The court of arbitration has a strict disclosure policy, refused, late Monday afternoon to confirm the decision, which belongs to the parties. The Paris office of law firm Cleary Gottlieb Steen & Hamilton who defended the Russian Federation also declined comment.
The ad hoc arbitral tribunal composed of three arbitrators ruled on Monday its jurisdiction.A crucial step, says Mr. Emmanuel Gaillard, a lawyer for plaintiffs, director of international arbitration at Shearman & Sterling, "which set a precedent for all foreign energy companies, BP, Total and Shell are investing in Russia." According to Mr. Gaillard, Russia argued that GML could enter international justice. The court ruled that GML, based in Gibraltar, the pension funds in Cyprus and its subsidiaries (the one established in Cyprus and one in the Isle of Man), are foreign investors. As such, they are protected by the Treaty of the Energy Charter, adopted in 1994 by Russia. Moscow denies the value of this treaty that Russia has not ratified. In addition, the Kremlin believes that legacy text-1990s, intended to protect foreign investors and open energy markets, is formally out of the treaty last August.The court in The Hague has nonetheless held that the Treaty protects many foreign companies.
The legal showdown could last for years to come
"Russia should be aware of his actions before international justice," says Mr. Gaillard. The decision on Monday a document of some 200 pages – now opens the way for discussion of the case on the merits. The plaintiffs intend to show that they were expropriated without compensation and claim damages valued at some 100 billion dollars.
If they win the case, continue to enforce the award, inputting, where appropriate, assets of the Russian State around the world.The series could last for years to come.
Mikhail Khodorkovsky appears again
Meanwhile, the former richest man in Russia, Mikhail Khodorkovsky, appears before a court in Moscow since March 3, who is accused of embezzling more oil than is produced society. Arrested in October 2003, Mikhail Khodorkovsky, was sentenced at the first trial to nine years in a labor camp in Siberia for tax evasion.
Russian Prime Minister Vladimir Putin has confirmed if such were needed, last Friday during a meeting at Rambouillet with François Fillon, his rancor against the tenacious most famous prisoner in Russia who had political ambitions, in comparison to Al Capone .
"Khodorkovsky promised" entertainment "at his trial
"INTERVIEW – Khodorkovsky:" When Russia is wrong, Europe must say "