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Yukos Capital v. Russia, Terms of Appointment, February 11, 2014

18 Feb 2014
Yukos Capital Limited (formerly Yukos Capital SARL) v. Russian Federation, UNCITRAL (Geneva Tribunal), PCA Case No. 2013-31
View case details
Terms of Appointment,
Document Details:
LISTED PARTICIPANTS
Terms of Appointment,
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
J. William Rowley
Respondent appointee
Brigitte Stern
Tribunal/Panel chair
Campbell A. McLachlan
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Cyrus Benson III, Osma Hudda
Claimant's law firm
Respondent's counsel
David G. Sabel, Claudia Annacker
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Yukos Capital Limited, Gibson Dunn & Crutcher, Cleary Gottlieb Steen & Hamilton, Russia
Country
Print reporter
Document Summary
Terms of Appointment,
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Constitution of the Tribunal

This document sets forth the Terms of Appointment for the Arbitral Tribunal constituted to hear the dispute between Yukos Capital S.à r.l. and the Russian Federation. The arbitration was commenced pursuant to Article 26 of the Energy Charter Treaty (ECT) and is governed by the 1976 UNCITRAL Arbitration Rules. The Tribunal was formally constituted with the appointment of Mr. J. William Rowley by the Claimant, Professor Brigitte Stern by the Respondent, and Professor Campbell McLachlan as the Presiding Arbitrator, who was appointed by the Secretary-General of the Permanent Court of Arbitration (PCA) following a modified list-procedure agreed upon by the Parties.

Procedural Framework and Administration

The Terms of Appointment establish the foundational procedural framework for the arbitration. The Tribunal confirmed that the proceedings shall be conducted in English and administered by the International Bureau of the PCA, which will act as the registry. The legal seat of the arbitration was deferred for determination in Procedural Order No. 1, pending further consultation with the Parties. Furthermore, the document outlines strict confidentiality obligations, stipulating that the proceedings shall be held in private and that all documents produced for the arbitration remain confidential unless otherwise required by a legal duty.

Financial and Administrative Directives

The document details the financial arrangements governing the proceedings, including the remuneration rates for the arbitrators and the specific conditions for cancellation fees. The Parties were directed to establish an initial deposit of EUR 300,000 to secure the Tribunal's fees and expenses, to be held and managed by the PCA. Additionally, the Terms of Appointment include standard provisions regarding the Tribunal's immunity from suit, the prohibition of ex parte communications, and the Parties' overarching duty to assist the Tribunal in ensuring the fair and efficient conduct of the arbitration.