Professor Franco Ferrari, the Director of the Center, and Dr. Friedrich Rosenfeld, a Global Adjunct Professor at NYU Law in Paris, Visiting Professor at the International Hellenic University in Thessaloniki and Lecturer at Bucerius, have just published a comment on the decision rendered on 20 April 2016 by the District Court of The Hague (the Netherlands), which set aside six arbitral awards that had been rendered in the proceedings Yukos Universal Limited (Isle of Man) et. al. against Russia. The arbitral tribunal had ordered Russia to pay compensation for its breach of the Energy Charta Treaty. According to the District Court of The Hague, the arbitral tribunal had erroneously found that the Energy Charta Treaty was provisionally applicable. For this reason, the arbitral tribunal could not base its jurisdiction on the arbitration clause set forth in Art. 26 Energy Charta Treaty. The case comment note examines the set-aside decision of the District Court of The Hague as well as its implications for ongoing enforcement proceedings.
