The Arbitral Tribunal issued the first order on the 12 billion dollars claim of Sergei Viktorovitch Pugachev against the Russian Federation (under the 1976 UNICTRAL rules).
First Procedural Hearing with the Arbitral Tribunal on Sergei Pugachev’s claim against the Russian Federation on the basis of the international treaty between the Russian Federation and France dated July 4, 1989 “On Encouragement and Mutual Protection of Investments” were started.
By the order of the Government of the Russian Federation, the Russian authorities appointed White and Case LLP firm as the sole executor of legal services on representation of interests of the Russian Federation in the BIT claim.
The Secretary General of Permanent Court of Arbitration in the Hague appointed the second arbitrator for the case due to the Russian Federation’s losing the right to choose its own arbitrator. Starting from 19/08/2016, Bernardo Cremades was appointed as that arbitrator. The president of the Tribunal is Eduardo Zuleta Jaramillo, who was appointed directly by The Permanent Court of Arbitration in the Hague.
The Russian side missed the procedural deadlines for the selection of an international arbitrator.
Minister of Justice Konovalov acting on behalf of Russia recognized the basic conditions of the claim (jurisdiction, correct filing of the claim, complying with the procedural deadlines for filing the claim and confirmed other legal details) and notified Mr. Pugachev and the president of The Permanent Court of Arbitration in the Hague that Russia would participate in the process.
Mr.Pugachev’s lawyers appointed professor Thomas Clay as arbitrator.
The trial in The Hague Court on the claim of Sergei Pugachev against the Russian Federation for the amount of 12 billion dollars may be completed before the end of the year.
Mr. Pugachev has filed a claim to the European Court of Human Rights for violation of his rights by Russian authorities.
A press conference with participation of lawyers representing Mr. Pugachev in the International Arbitration, was held in Paris, where causes and details of the claim were thoroughly explained.
Mr. Pugachev’s lawyers, the law firm King & Spalding, sent a Notice of Arbitration to the Russian Federation concerning the filing of its claim against the Russian Federation on the basis of a The intergovernmental agreement between the Republic of Russia and France of 4 July 1989 on the “Reciprocal Encouragement and Protection of Investments” for an amount provisionally quantified of $ 12 billion.
NOTICE OF ARBITRATION against the Russian Federation.
Read here : Agreement
Mr Pugachev sent Vladimir Putin an official letter (Trigger-letter) to warn him of an upcoming legal action concerning the expropriation of his assets. This letter is the first procedural document in the action brought by Mr Pugachev against Russia.
Read here : Trigger-letter