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Aeroport Belbek LLC and Mr. Igor Valerievich Kolomoisky v. Russian Federation (PCA)

Why it matters

This interim award is significant as it addresses jurisdiction and admissibility in an investment treaty claim arising from the annexation of Crimea. It tests the application of the Ukraine-Russia BIT to events in Crimea and sets a precedent for similar claims against Russia regarding its actions in the region.

Summary

The arbitration was initiated by Aeroport Belbek LLC and Mr. Igor Valerievich Kolomoisky against the Russian Federation under the Ukraine-Russia Bilateral Investment Treaty (BIT) and the UNCITRAL Arbitration Rules 1976. The claimants alleged that Russia, starting in February 2014, took measures that deprived them of their property and rights to operate a passenger terminal at Belbek Airport in Crimea. The Tribunal, composed of Professor Pierre Marie-Dupuy (Presiding Arbitrator), Sir Daniel Bethlehem (appointed by claimants), and Dr. Václav Mikulka (appointed on behalf of Russia), held a hearing on jurisdiction and admissibility in July 2016. After post-hearing submissions, the Tribunal issued a unanimous Interim Award on 24 February 2017, addressing certain issues of jurisdiction and admissibility. The press release does not detail the specific findings of the interim award. The Permanent Court of Arbitration (PCA) administers the case and issues procedural updates.

The detail

Parties: Aeroport Belbek LLC and Mr. Igor Valerievich Kolomoisky v. Russian Federation

Case number: PCA Case No. 2015-07

Outcome: The Tribunal issued an Interim Award addressing certain issues of jurisdiction and admissibility. The specific outcome is not stated in the press release.

Applicable law: Ukraine-Russia BIT; UNCITRAL Arbitration Rules 1976

Issues in play: The case involves the Ukraine-Russia BIT and whether Russia's measures in Crimea after February 2014 breached its obligations under the treaty.

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