Hulley Enterprises Ltd & Ors v The Russian Federation [2023] EWHC 2704 – 1 November 2023 (Cockerill J)

The claimant former shareholders of Yukos obtained – and sought to enforce – Arbitration Awards determining that the Tribunal had jurisdiction and that RF was in breach and liable to pay them some USD50bn in damages. RF challenged both the Tribunal’s jurisdiction and the English Court’s jurisdiction to enforce on the basis of state immunity. In fact, RF alleged that the claimants could not invoke the provision containing RF’s agreement to arbitration as they did not fit in the definition of "investors" as required. The same challenges were brought before Dutch Courts but they were rejected. The Commercial Court held that the Dutch judgments created issue-estoppel precluding RF from re-opening jurisdiction: RF’s challenges already had a determination and it could not seek another one before a different court.