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
- and -
THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON
INTERNATIONAL TRADE LAW, 1976
PCA CASE NO. 2015-07
- between -
(1) AEROPORT BELBEK LLC
(2) MR. IGOR VALERIEVICH KOLOMOISKY
The Claimants
- and -
THE RUSSIAN FEDERATION
The Respondent
PROCEDURAL ORDER NO. 13
The Arbitral Tribunal
Professor Pierre-Marie Dupuy (Presiding Arbitrator)
Sir Daniel Bethlehem QC
Dr. Václav Mikulka
Registry
Permanent Court of Arbitration
29 July 2021
[Page 2]
1.1 By letter dated 27 July 2021, the Respondent applied for leave to introduce the following materials into the record of the arbitration:
1.2 By the same letter, the Respondent informed the Tribunal that, as of 1 July 2021, authority for its representation in international arbitrations was transferred from the Ministry of Justice of the Russian Federation to the Prosecutor General’s Office of the Russian Federation. The Respondent further indicated that Ivanyan & Partners no longer act as counsel for Respondent in this arbitration. The Respondent requested that its list of duly-authorised representatives be updated accordingly.
1.3 By letter dated 28 July 2021, the Claimants opposed the Respondent’s request to introduce the abovementioned materials into the record.
2.1 Taking into account that the materials that the Respondent seeks to introduce are legal materials in the public domain, the Tribunal has decided to allow the Respondent to introduce them into the record of the arbitration and submit any further comments that it may have on their relevance and materiality in these proceedings by no later than Thursday, 5 August 2021.
2.2 The Claimants are invited to submit any comments that they may have in reply to the Respondent’s submissions on these new materials by no later than Thursday, 12 August 2021.
2.3 The Parties are requested to limit their respective submissions to no more than 5 pages in length.
2.4 The deadline for the Parties’ respective costs submissions shall consequently be postponed to Thursday, 2 September 2021.
2.5 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.
2.6 In accordance with Paragraph 3.9 of Procedural Order No. 1, the Tribunal hereby confirms that it does not object to the change in the Respondent’s duly-appointed representative. 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
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as to his impartiality or independence and that he will promptly disclose any such circumstances that may arise in the future.
2.7 Accordingly, as of today and as requested by the Respondent, any future correspondence in this matter addressed to it shall be sent to the following addresses:
Mr. Mikhail Vinogradov
Director General
General Department of International Legal Cooperation
Prosecutor General’s Office of the Russian Federation
Bolshaya Dmitrovka, 15a GSP-3
125993 Moscow
Russian Federation
Phone: +7 495 987 56 56
E-mail: [email protected]
Mr. Andrey Kondakov
Mr. Sergey Morozov
Mr. Konstantin Ksenofontov
International Centre for Legal Protection
Krasnopresnenskaya Nab. 12
123610 Moscow
Russian Federation
Phone: +7 495 150 2091
E-mail: [email protected]
Mr. Dirk Knottenbelt
Mr. Glenn Hoek
Mr. Alexander Feenstra
Mr. Daniel Agranovich
Ms. Caroline Deves
Houthoff
Weena 355
3013AL Rotterdam
The Netherlands
Tel: +31 10 217 2525
Fax: +31 10 217 2742
E-mail: [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
2.8 Paragraph 1 of Procedural Order No. 1 is amended accordingly.
[Page 4]
Date: 29 July 2021
Place of Arbitration: The Hague, the Netherlands
Signature
On behalf of the Tribunal
Professor Pierre-Marie Dupuy
(Presiding Arbitrator)