The Weekly Law Reports
[2013] 3 WLR 1329
Court of Appeal
Yukos Capital Sarl
v
OJSC Rosneft Oil Co (No 2)
[2012] EWCA Civ 855
2012 March 20,
21,
22;
June 27
Rix, Longmore, Davis LJJ
Conflict of laws— Sovereign immunity— Act of state— Russian arbitration awards annulled by Russian court— Claimant seeking to enforce awards in England alleging that Russian court decisions procured by illicit state interference— Whether doctrine of act of state applying to judicial acts— Whether doctrine of act of state operating to bar claim
Estoppel— Per rem judicatam— Issue estoppel— Russian arbitration awards annulled by Russian court— Dutch court holding Russian court decisions partial and dependent and refusing to recognise annulment— Claimant seeking to enforce awards in England alleging that Russian court decisions procured by illicit state interference— Whether Dutch decision determinative in England