Yukos Universal v. Russia: Shell Companies and Treaty Shopping in International Energy Disputes
By Paul M. Blyschak, February 8, 2012
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This article examines the implications of an arbitration award set in favor of Yukos Universal Ltd. In a dispute with the Russian Federation. The arbitration panel made two important findings: one, the arbitration tribunal had jurisdiction under Article 26 of the Energy Charter Treaty (ECT) to hear the Company’s claims, and two, the ECT does not shield signatory countries from denying an investor standing once the investor has already commenced arbitral proceedings.
