London firm steps up in landmark Dutch-Russian case

A Chancery Lane-based international law firm, Zaiwalla & Co Solicitors has made an important contribution to a landmark case regarding the Dutch Court’s decision regarding the Yukos Award of $50 billion against the Russian Federation.

The award was set aside on the grounds that the Energy Charter Treaty was not valid because it was not approved by the Russian Parliament under their constitution of 1993.

However, the law firm advised the Russian Federation to take an alternative approach which allowed them to challenge the Award in a different manner, leading to an appeal at the end of last year.

The firm suggested that the Yukos Award be challenged on the grounds that it is invalid under Russian law, in a manner reminiscent of a similar case in the English High Court where the court was persuaded to set aside a multi-million dollar GAFTA Arbitration Award.

A spokesman for Zaiwalla stated: “We are very pleased to note that the Russian government’s legal team, which took this ground, was successful.

“Although the ground taken in PEC by Zaiwalla & Co and ultimately followed by Prof van den Berg in the Dutch Court in the Yukos case is not popular with the western International Arbitration fraternity, we believe that it is a valid ground and the decision of the Dutch Court in the Yukos Court is the correct decision.”

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