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Yukos Capital SARL v. OJSC Rosneft Oil Company (No 2)

United Kingdom, England.  27 June 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Comity — Act of State doctrine — Judicial acts of foreign State acting within its territory — Whether lawful — Whether subject to adjudication by English courts — Relevance of cogent evidence and argument — Role of proper respect

Relationship of international law and municipal law — Act of State doctrine — Whether courts of one State barred from sitting in judgment on acts of a foreign State — Whether doctrine applicable to foreign court decisions

State immunity — Act of State doctrine — Limitations on act of State doctrine — Russian courts setting aside Russian arbitral awards — Whether due to interference by Russian State — Whether judicial acts of State for purposes of act of State doctrine — Judicial standards and duty of courts to adhere to rule of law — Issue estoppel — Dutch court setting aside Russian arbitral awards — Relevance — Differing meanings and standards of “public order” across States — Whether arbitral awards enforceable in England — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2016

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