High Court in England entertained two preliminary questions about enforcement proceeding, which was initiated by Yukos Capital. The main question still stays then same - validity of The International Commercial Arbitration Court's decision in Yukos' Capital v OJSC Rosneft Oil Co case. The International Commercial Arbitration Court's decision was overturned by Russian Arbitration Court, but later enforced by Amsterdam's Court of Appeal.
High Court in England examined the case and found it for Yukos Capital. The Court denied Rosneft to invoke doctrine of state's sovereign to make a decision, in other words according to the doctrine English Court didn't have right to resentence the decision of Russian Court.
It should be reminded that dispute between Yukos Capital and Rosneft was entertained by arbitral tribunal ICAC under the Chamber of Commerce and Industry of the Russian Federation, which found an issue in Yukos' Capital favor in September 2006. Yukos Capital called in loan of $400 mln which was given to their daughter companies. Later Rosneft took over these daughter companies. Yukos Capital initiated an execution proceeding in Netherlands in May 9, 2007, and in may 2007 Moscow arbitration Court annulled ICAC decision. Meanwhile execution proceeding in Netherlands was continuing and Amsterdam Court of Appeal gave an opinion to enforce ICAC's decision in April 2009. Amsterdam Court of Appeal claimed Moscow arbitration Court's decision was "depend and partial". Rosneft made a payment of the capital sum of the debt in August 2010.
Today Yukos Capital is trying to charge a sum of interests during 2006-2010 periods, their estimated total is $ 160 mln.
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