Yukos arbitration: tribunal’s jurisdiction and standards of investors’ protection

Partner Ramūnas Audzevičius and associate Rimantas Daujotas have contributed a publication “Yukos arbitration: tribunal’s jurisdiction and standards of investors’ protection” which was recently released in the annual arbitration law journal of Lithuania “Arbitražas. Teorija ir praktika 2015”.

This article discusses the findings drawn in the awards of the Yukos arbitration, taking into account the established case law of the investment tribunals and offers relevant conclusions as to the limits and scope of investor protection standards as laid out in the modern international investment law. The object of this article is the case law of both the Yukos tribunal and other tribunals, bilateral investment agreements and awards delivered by the international tribunals and interpreting the same agreements. This article first identifies approaches discussed by the Yukos arbitration and established in the international practice concerning jurisdiction and limits of an investment tribunal, and then examines various provisions of the Energy Charter, standards and contents of investor protection.

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