Yukos Capital SARL v OJSC Rosneft Oil Company

Yukos Capital SARL v OJSC Rosneft Oil Company

The act of state doctrine does not bar the English court from adjudicating allegations of judicial bias and dependency in Russian annulment decisions, as judicial acts are not acts of state for this purpose. However, Rosneft is not issue estopped by the Dutch Amsterdam Court of Appeal decision from contesting the partiality and dependency of the Russian annulment decisions in English proceedings, as the issue of public policy is not identical between the jurisdictions.

Parties
Claimant / Respondent: Yukos Capital S.A.R.L.; Defendant / Appellant: OJSC Rosneft Oil Company
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; judge's decision on act of state upheld, issue estoppel rejected.
Legal Topics
Act of State Doctrine, Issue Estoppel, Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Judicial Independence
International Arbitration Private International Law Commercial Law Act of State Doctrine Issue Estoppel Recognition and Enforcement of Foreign Judgments Public Policy Exception Judicial Independence

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Parties

Yukos Capital S.A.R.L.

Claimant / Respondent

OJSC Rosneft Oil Company

Defendant / Appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does the act of state doctrine bar adjudication of allegations of judicial bias and dependency in Russian annulment decisions?
  2. 2 Is Rosneft issue estopped by the Dutch Amsterdam Court of Appeal decision from contesting the partiality and dependency of the Russian annulment decisions in English proceedings?

Ratio Decidendi

The act of state doctrine does not bar the English court from adjudicating allegations of judicial bias and dependency in Russian annulment decisions, as judicial acts are not acts of state for this purpose. However, Rosneft is not issue estopped by the Dutch Amsterdam Court of Appeal decision from contesting the partiality and dependency of the Russian annulment decisions in English proceedings, as the issue of public policy is not identical between the jurisdictions.

Court Disposition

Appeal allowed in part; judge's decision on act of state upheld, issue estoppel rejected.

Orders

  • The act of state doctrine does not bar Yukos Capital's allegations; English courts may adjudicate on judicial bias and dependency.
  • Rosneft is not issue estopped from contesting the partiality and dependency of the Russian annulment decisions in English proceedings.