Court Watch
of the company’s owners and managers during enforcement proceedings. The Court concluded that the authorities failed to make adequate as- sessments of all of these factors. The authorities particularly did not consider enforcement alterna- tives that could have prevented the company from liquidating its assets. The authorities had also re- fused to reschedule or reduce the enforcement fee against the company when it was clear that Yukos could not afford to pay the fee without dis- solving the company. Based on this analysis, the court found that Russia’s enforcement proceed- ings were disproportionate and therefore violated Article 1 of Protocol No.1.
The ECtHR also found violations of Article 6 §§ 1 and 3 (b) of the European Convention of Human Rights. Article 6 expounds upon due process
rights; such as a fair and public hearing, and ad- equate time and facilities to prepare for trial. The Court reached its conclusion by examining Yukos’ tax-assessment proceedings starting in 2000. Yu- kos was not given sufficient time to prepare mate- rials, make submissions, or prepare for the appeal hearings. The company was given four days to re- view and prepare at least 43,000 pages. Due to Russia’s rigid enforcement proceedings, the court concluded that it violated Yukos’ rights.
Yukos will probably face an uphill battle in receiv- ing the arbitration award because Russia intends to appeal the damages award to the Dutch courts and has refused to pay damages in similar rulings in the past. It could be years before the Yukos and Russia dispute is resolved.
* Submitted by Cana Noel .
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ILSA Quarterly » volume 23 » issue 1 » October 2014 Learn more at
www.law.emory.edu/llm
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