Yukos v. La Federación Rusa : análisis de la sentencia respecto de la competencia del Tribunal Arbitral y posterior nulidad de los Laudos emitidos por el mismo.

Abstract

The case of Yukos v. Russia is one of the most emblematic cases of recent times in terms of investment arbitration. It begins with a lawsuit filed by the main partners of the defunct company Yukos against the Russian Federation in which they claim compensation for alleged arbitrariness in the expropriation of one of the bases belonging to the Yukos Company, which was considered as a fundamental pillar for Yukos, this is why its expropriation brought its dissolution as a consequence. The arbitration was carried out under the Energy Charter Treaty, Russia, held that the Arbitral Tribunal was not competent to settle this dispute and to do so, it would be against the Russian legislation, which did not contemplate the possibility of arbitration for the subjects the public ones of fiscal nature, and that only they must apply provisionally in the aspects that do not contradict their legislation, in opposition to the obligatory demand that the Energy Charter Treaty is debated in all its context not in certain places of the same. The court finally ruled in favor of Yukos investors; Russia filing an annulment action against all arbitration awards before a local Court in The Hague, which adopts the position of Russia and annuls the six awards issued by the Arbitral Tribunal, based on in his lack of jurisdiction to know the cause.