Hulley Enterprises Limited & Ors v The Russian Federation

Hulley Enterprises Limited & Ors v The Russian Federation

The stay is lifted solely for the purpose of determining the Defendant's jurisdictional challenge based on state immunity, as all overlapping jurisdictional issues have been resolved by the Dutch Supreme Court and there is no longer a risk of inconsistent decisions or prejudice to the Defendant. The ongoing fraud challenge in the Dutch courts does not overlap with the jurisdictional issues before this court.

Parties
Claimant: Hulley Enterprises Limited; Claimant: Yukos Universal Limited; Claimant: Veteran Petroleum Limited; Defendant: The Russian Federation
Jurisdiction
England and Wales
Judgment Date
26 October 2022
Procedural Posture
Arbitration Enforcement Application / Application to Lift Stay of Proceedings
Outcome
Stay lifted for limited purpose
Legal Topics
Enforcement of Arbitral Awards, State Immunity, Jurisdictional Challenge, Stay of Proceedings, Security for Enforcement
Arbitration International Law State Immunity Enforcement of Arbitral Awards Jurisdictional Challenge Stay of Proceedings Security for Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hulley Enterprises Limited

Claimant

Yukos Universal Limited

Claimant

Veteran Petroleum Limited

Claimant

The Russian Federation

Defendant

Procedural Posture

Arbitration Enforcement Application / Application to Lift Stay of Proceedings

Legal Issues

  1. 1 Whether the stay of proceedings to enforce arbitral awards against the Russian Federation should be lifted
  2. 2 Whether the Defendant's jurisdictional challenge based on state immunity should proceed
  3. 3 Whether security should be ordered as a condition for maintaining the stay

Ratio Decidendi

The stay is lifted solely for the purpose of determining the Defendant's jurisdictional challenge based on state immunity, as all overlapping jurisdictional issues have been resolved by the Dutch Supreme Court and there is no longer a risk of inconsistent decisions or prejudice to the Defendant. The ongoing fraud challenge in the Dutch courts does not overlap with the jurisdictional issues before this court.

Court Disposition

Stay lifted for limited purpose

Orders

  • The stay of proceedings is lifted solely for the purpose and to the extent necessary for the resolution of the Defendant’s Jurisdiction Application.
  • Any further lifting of the stay will require a further application.