The permanent court of arbitration (PCA) in a press release revealed the details of the claims of two Ukrainian energy companies to Russia over assets in Crimea.
The document States that the proceedings began in June of 2015. The first was initiated by “Ukrnafta”, second — Stabil and 10 other persons. In the notification, the company stated that Russia had violated its obligations arising from intergovernmental Russian-Ukrainian agreement on investment protection “by taking from the beginning of April 2014 measures that prevent their investment in petrol stations, located in the Crimea, and ultimately led to the expropriation of these investments”.
Russia, in turn, has stated that this intergovernmental agreement may not serve as the basis for the formation of arbitration to resolve the dispute with the “Ukrnafta” and Stabil and that it “does not recognize the jurisdiction of international arbitration at the Permanent court of arbitration on consideration” of the dispute. The Russian side stressed that its comments to the court should not be considered as consent to the institution of arbitration, participate in arbitration proceedings or as to procedural steps taken in the proceedings.
Two composition of arbitration, composed of the same arbitrators were approved on 7 October 2015, and a month later held its first hearing to consider procedural issues. Russia was not represented at the hearing.
January 15, 2016 current “Ukrnafta” and Stabil filed claims, said in a press release. Russia has not presented a statement of defence until 15 April — the deadline set in the procedural schedule. On April 22, the Tribunal decided to continue both proceedings.
The court invited the parties until June 3 to respond to the questions of the Tribunal. Hearings on issues of its jurisdiction is scheduled for July 11.
That “Ukrnafta” was submitted to the Hague Permanent court of arbitration the claim to Russia, it became known on January 11 of this year. The essence of the claim in a statement on the website of the PCA was not disclosed — was only that the proceedings initiated in accordance with the concluded in 1998 a Russian-Ukrainian intergovernmental agreement on encouragement and mutual protection of investments.
At the same time base the PCA there is evidence that similar claims against Russia filed another 11 Ukrainian companies — Stabil, “Rubinar”, “Rustel”, “Kirovograd-Nafta”, “Crimea-petrol”, “Person”, “trade trust”, “eleftheria”, “VKF Satek”, Stemv and Group Novel-Estate.
Two days later, “Ukrnafta” revealed the essence of the claim against Russia. “The arbitration proceedings initiated with the aim of obtaining compensation for the illegal seizure of the company’s filling stations on the territory of the Crimean Peninsula”, — stated in the message of the company.