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Procedural Posture and Background
This document is an interlocutory judgment (arrest in incident) issued by the Hague Court of Appeal in the Netherlands. The Russian Federation, acting as the claimant in the present domestic proceedings, filed an incidental motion under Article 222 of the Dutch Code of Civil Procedure (Rv) seeking the formal joinder of two pending actions against Aeroport Belbek LLC and another party. The underlying actions concern the Russian Federation's applications for the revocation (herroeping) of prior arbitral awards (pursuant to Article 1068 Rv) and the revocation of prior domestic court judgments (pursuant to Article 382 Rv).
Court's Analysis and Findings
The Court evaluated whether the two proceedings exhibited sufficient legal and factual nexus to warrant a formal joinder under Article 222 Rv. The Court determined that the requisite threshold for joinder was not met, reasoning that the two actions involve fundamentally distinct legal remedies and statutory frameworks. Specifically, the Court highlighted the procedural divergence between an action seeking the revocation of arbitral awards and an action seeking the revocation of domestic appellate and Supreme Court judgments.
Decision and Operative Directions
Consequently, the Court denied the Russian Federation's primary request for formal joinder. However, to ensure procedural efficiency and synchronize the proceedings, the Court granted the subsidiary request to join the cases on the docket (voeging op de rol). The decision on the costs of the incident was reserved until the final judgment in the principal proceedings.