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Statement of the Prosecutor General’s Office of the Russian Federation on decision of the Supreme Court of the Netherlands of 5 November 2021, on the YUKOS case
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On 5 November 2021, the Supreme Court of the Netherlands complied with the cassation appeal of the Russian Federation and overturned the verdict of the Hague Court of Appeal of 18 February 2020, which had restored for a short period of time arbitral decision of 2014 on the claims of former majority shareholders of the oil company YUKOS against Russia.

The Supreme Court of the Netherlands supported a number of arguments of the Russian Federation with regard to the wrongful findings of the Hague Court of Appeal and returned the case for additional examination to a different court of appeal – of the city of Amsterdam.

The Prosecutor General’s Office of the Russian Federation welcomes the decision of the Supreme Court of the Netherlands, which reaffirms principles of rule of law and independence of the judiciary. Former Russian functionaries, which had illegally acquired YUKOS and withdrawn monetary funds from Russia to launder them and to dodge taxes through the net of shell offshore companies, committed “procedural fraud” in the course of examination of claims of the companies, owned by them, in the International Bureau of the Permanent Court of Arbitration in the Hague.

At the same time it was regrettable that the supreme judicial instance of the Netherlands did not fully support the position of the Russian Federation, which presents strong evidence on the need to fully overturn arbitral decisions already on this stage. The Russian Federation awaits that the Court of Appeal of Amsterdam, will interpret the outstanding contentious issues in accordance with international law and objectives of the Energy Charter Treaty, and will take comprehensive measures to protect the rights and legitimate interests of the Russian tax-payers within the framework of the proceedings which will last up to 2023 approximately in this instance. 

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