RosInvestCo v. Russia

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Case Details

Year of Filing: 2005

Case Status: Set Aside Concluded

Claimant(s): RosInvestCo UK Ltd

Respondent(s): Russian Federation

Arbitral Rules: SCC

Legal Instrument: Treaty

Treaty: Russia-United Kingdom BIT

Administrative Case Number: SCC Case No. 079/2005

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Russia secures set-aside of hedge fund’s modest Yukos-related arbitral award, as investor declines to spend funds to defend pyrrhic arbitral win Sep 10, 2013

Arbitral victory in Yukos case slowly unraveling as U.S. hedge fund declines to spend more money defending arbitral award from Russian attack Apr 10, 2012

Arbitrators hold Russia liable for engineering the confiscation of Yukos, but decline to reward hedge fund for “speculative” last-minute purchase of shares in doomed oil company Jan 13, 2011

ANALYSIS: RosInvestCo v Russia arbitration was about expropriation, but arbitrators touched on broad range of treaty interpretation questions Jan 13, 2011

JURISDICTIONAL ANALYSIS: Tribunal rejects Russia’s arguments that RosInvestCo’s signing away of economic interest in shares is grounds for finding that UK firm was not an investor with an investment in Russia Jan 13, 2011

DAMAGES: Russia enjoys success at damages phase in RosInvestCo case; arbitral ruling may have wider implications for claims speculation and political risk insurance Jan 13, 2011

Arbitrators hold Russian Federation liable for expropriation of Yukos shareholdings; modest damages owed to affiliate of prominent U.S. Hedge Fund Dec 19, 2010

Russian Federation opens up further front in defence of BIT claim Nov 30, 2009

Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues Jan 22, 2009