COUR PERMANENTE D'ARBITRAGE
PERMANENT COURT OF ARBITRATION
IN THE MATTER OF AN ARBITRATION BEFORE A TRIBUNAL CONSTITUTED IN ACCORDANCE WITH
THE AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE CABINET OF MINISTERS OF UKRAINE ON THE ENCOURAGEMENT AND MUTUAL PROTECTION OF INVESTMENTS DATED NOVEMBER 27, 1998
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THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW, 1976
PCA CASE NO. 2015-07
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(1) AEROPORT BELBEK LLC
(2) MR. IGOR VALERIEVICH KOLOMOISKY
The Claimants
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THE RUSSIAN FEDERATION
The Respondent
PROCEDURAL ORDER NO. 9
The Arbitral Tribunal
Professor Pierre-Marie Dupuy (Presiding Arbitrator)
Sir Daniel Bethlehem QC
Dr. Václav Mikulka
Registry
Permanent Court of Arbitration
12 September 2019
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1.1 By letter dated 30 August 2019, the laws firms Houthoff and Ivanyan & Partners informed the Tribunal that they have been instructed to represent the Russian Federation in these proceedings and provided a power attorney signed by Mr. Alexander Konovalov, Minister of Justice of the Russian Federation.
2.1 Paragraph 3.9 of Procedural Order No. 1 provides:
To avoid future conflicts of interest after the appointment of members of the Tribunal, any proposed additions to or changes in the representatives of the Parties shall be communicated to the Tribunal and shall only take effect if the Tribunal does not object for reasons of conflict of interest.
2.2 In accordance with Paragraph 3.9 of Procedural Order No. 1, the Tribunal hereby confirms that it does not object to the appointment of the Russian Federation’s counsel. Each member of the Tribunal confirms that he remains impartial and independent of the Parties, and that he has disclosed, to the best of his knowledge, all circumstances likely to give rise to justifiable doubts as to his impartiality or independence and that he will promptly disclose any such circumstances that may arise in the future.
2.3 Accordingly, as of today the Russian Federation is represented in these proceedings by Houthoff Coöperatief U.A and attorneys of Ivanyan & Partners. As requested by the Respondent, any future correspondence in this matter addressed to it shall be sent to the following addresses:
Department of International Law and Cooperation
Ministry of Justice of the Russian Federation
14, Zhitnaya St.
Moscow 119991
Russian Federation
E-mail: [email protected]
Ms. Marielle Koppenol-Laforce
Houthoff
Weena 355
3013AL Rotterdam
The Netherlands
Tel: +31 10 217 2525
Fax: +31 10 217 2742
E-mail: [email protected]
Mr. Kristofor Ivanyan
Ivanyan & Partners
Kadashevskaya Nab., 14/3
119017 Moscow
Russian Federation
Tel: +7 495 647 00 46
Fax: +7 495 647 00 45
E-mail: [email protected]
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2.4 Paragraph 1 of Procedural Order No. 1 is amended accordingly.
2.5 For the avoidance of doubt, the Parties are invited to note that, in accordance with Paragraph 8.2 of Procedural Order No. 1 and Paragraphs 3.6 and 3.8 of the Rules of Procedure, ordinary correspondence between the Tribunal and the Parties, as well as submissions concerning procedural or non-substantive matters, shall henceforth be sent by e-mail only, whereas written pleadings and other formal submissions, and written documentary and testimonial evidence, shall be sent by both e-mail and courier. As previously noted, all communications (whether by e-mail or courier) for the attention of the Tribunal should be sent to the PCA with a copy to the other Party, following which the PCA will promptly transmit such communications to the members of the Tribunal.
Date: 12 September 2019
Place of Arbitration: The Hague, the Netherlands
Signature
On behalf of the Tribunal
Professor Pierre-Marie Dupuy
(Presiding Arbitrator)