RUSSIA’S STRATEGY NOT TO RESPOND SUBSTANTIVELY TO QUANTUM IN THE YUKOS ARBITRATION In order to help the Tribunal reach a proper valuation of Yukos Oil Company, Claimants put forward 13 possible scenarios. The claims ranged from USD 30 billions to USD 114 billions (Final Award, para. 1701 – 1710) and the three main sets of […]
Investor-State Emergency Arbitrator Award Enforced
Investor-State Emergency Arbitrator Award Enforced An investor-State emergency arbitrator award was enforced by a domestic court in Ukraine, as was initially reported by the Global Arbitration Review. This decision is interesting since it is the first known enforcement of an emergency arbitrator award against a State. Emergency arbitrator awards are non-binding on an arbitral tribunal, but remain in […]
DCF Method of Valuation – Yukos Arbitration
THE DCF METHOD OF VALUATION IN THE YUKOS ARBITRATION In most investment arbitrations, the Discounted Cash Flow method of valuation (DCF method of valuation) is becoming the norm used by Tribunals to do the valuation of ongoing profitable companies, but is it the right way? The DCF valuation method has become very popular and is […]
Overview of the Yukos Arbitration
OVERVIEW OF THE YUKOS ARBITRATION Few arbitration awards in the past years have attracted as much attention as the Yukos arbitration between shareholders of the company and the Russian Federation. After 10 years of proceedings, on 18 July 2014, the Tribunal issued a 600-page award awarding USD 50 billions in damages, legal fees of USD […]
Is Arbitration Heading Toward a Model Procedure (And Is That a Good Thing?)
As International Arbitration is a global phenomenon, its practice is spread out on all continents and flexibility has become one of its key elements. A growing debate in International Arbitration highlights the tensions between the diversity of culture and practice in proceedings, and the need for harmonization. While harmonization would increase predictability in the procedural […]