italaw180935 - Yukos Capital v. Russia, Order of the United States Court of Appeals for the District of Columbia Circuit, May 21, 2026

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21 May 2026
Yukos Capital Limited (formerly Yukos Capital SARL) v. Russian Federation, UNCITRAL (Geneva Tribunal), PCA Case No. 2013-31
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PDF icon Order of the US Court of Appeals for the District of Columbia Circuit
Document Summary: 

This Order was issued sua sponte by the United States Court of Appeals for the District of Columbia Circuit in an appeal between Yukos Capital Limited and the Russian Federation. The Court invites the United States government to submit a brief as amicus curiae to address a dispositive legal question concerning the application of the Energy Charter Treaty (ECT).

The central issue on which the Court seeks the views of the United States is whether the provisional application of the ECT, pursuant to Article 45(1), is inconsistent with the domestic law of the Russian Federation, including its constitution, laws, or regulations. The Court specifically directs that this analysis consider the Russian Constitutional Court's 2020 Clarification. The order grants the United States leave to address any other issue on appeal in which it determines it has an interest.

The Court established a procedural schedule, setting a deadline of June 18, 2026, for the submission of the amicus brief (not to exceed 5,200 words), and a subsequent deadline of July 2, 2026, for the parties to file their respective responses (not to exceed 3,000 words each).