HULLEY ENTERPRISES LTD AND OTHERS V THE RUSSIAN FEDERATION

[2025] EWCA Civ 108, Court of Appeal, Lord Justice Lewison, Lord Justice Males and Lord Justice Zacaroli, 12 February 2025

Arbitration – Recognition and enforcement of award – Tribunal ruling in favour of jurisdiction over claim against Russia – Challenge to award on jurisdictional grounds dismissed by the Dutch courts – Whether Dutch ruling created issue estoppel in English enforcement proceedings – State Immunity Act 1978 – Civil Jurisdiction and Judgments Act 1981, section 31

The claimants, at one time the majority shareholders in OAO Yukos Oil Co, asserted that Russia had unlawfully expropriated their interest by tax demands and bankruptcy proceedings, and commenced arbitration proceedings under the Energy Charter Treaty (ECT) to which Russia was a party.