Pca case No. Aa 227 in the matter of an arbitration before a tribunal constituted in accordance with article 26 of the energy charter treaty and the 1976 uncitral arbitration rules

PCA Case No. AA 227
IN THE MATTER OF AN ARBITRATION BEFORE A TRIBUNAL CONSTITUTED IN ACCORDANCE WITH ARTICLE 26 OF THE ENERGY CHARTER TREATY AND THE 1976 UNCITRAL ARBITRATION RULES

- between –

YUKOS UNIVERSAL LIMITED (ISLE OF MAN)
- and –
THE RUSSIAN FEDERATION


Case summary

Tribunal
Mr. Barakatullah Azimii

Mr. Xushnazar Jurayev
Ms. Charos Numonova

Registry
Permanent Court of Arbitration

Representing respondent: Representing claimant:
Mr. M. Murodillayev Mr. J. Raximqulov
Mr. J. Abdusatarov Mr. M. Amrulloyev
Mr. A. Jurayev Mr. O. Hayitov
White & Case LLP Dentons US LLP

1. 
   Introduction
   

1. 
   I am Mirzaev Shakhzod, law student, pursuing my bachelor’s degree at Tashkent State University of Law. The areas of my academic interests are International commercial and investment arbitration. I am an Arbitrator of the Tashkent International Arbitration Center at the Chamber of Commerce and Industry of Uzbekistan, and I also have experience as an arbitrator in proceedings under the Arbitration Rules of the International Chamber of Commerce (ICC) and the UNCITRAL Arbitration Rules.
   
2. 
   I have been asked by the course teacher to prepare an expert opinion on certain issues of this case. In particular, I have been asked to draft a brief summary volumed in 3-4 pages on average.
   
3. 
   I have reviewed the Final Award on Jurisdiction and Admissibility of November 30, 2009 issued in PCA Case Nos. AA226, AA227 and AA228. I have also reviewed opinions of othe rexperts and related materials submitted in the arbitrations. However, my seport is limited to the matters regarding jurisdiction.
   
4. 
   The expert shall, in principle before accepting appointment, submit to the arbitral tribunal and to the parties a description of his or her qualifications and a statement of his or her impartiality and independence. Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal whether they have any objections as to the expert’s qualifications, impartiality or independence. The arbitral tribunal shall decide promptly whether to accept any such objections. After an expert’s appointment, a party may object to the expert’s qualifications, impartiality or independence only if the objection is for reasons of which the party becomes aware after the appointment has been made. The arbitral tribunal shall decide promptly what, if any, action to take.