Abramovich V Berezovsky Judgment
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Berezovsky-Judgment.Pdf
Neutral Citation Number: [2012] EWHC 2463 (Comm) Royal Courts of Justice Rolls Building, 7 Rolls Buildings, London EC4A 1NL Date: 31st August 2012 IN THE HIGH COURT OF JUSTICE Case No: 2007 Folio 942 QUEEN’S BENCH DIVISION COMMERCIAL COURT IN THE HIGH COURT OF JUSTICE Claim Nos: HC08C03549; HC09C00494; CHANCERY DIVISION HC09C00711 Before: MRS JUSTICE GLOSTER, DBE - - - - - - - - - - - - - - - - - - - - - Between: Boris Abramovich Berezovsky Claimant - and - Roman Arkadievich Abramovich Defendant Boris Abramovich Berezovsky Claimant - and - Hine & Others Defendants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Laurence Rabinowitz Esq, QC, Richard Gillis Esq, QC, Roger Masefield Esq, Simon Colton Esq, Henry Forbes-Smith Esq, Sebastian Isaac Esq, Alexander Milner Esq, and Ms. Nehali Shah (instructed by Addleshaw Goddard LLP) for the Claimant Jonathan Sumption Esq, QC, Miss Helen Davies QC, Daniel Jowell Esq, QC, Andrew Henshaw Esq, Richard Eschwege Esq, Edward Harrison Esq and Craig Morrison Esq (instructed by Skadden, Arps, Slate, Meagher & Flom LLP) for the Defendant Ali Malek Esq, QC, Ms. Sonia Tolaney QC, and Ms. Anne Jeavons (instructed by Freshfields Bruckhaus Deringer LLP) appeared for the Anisimov Defendants to the Chancery Actions David Mumford Esq (instructed by Macfarlanes LLP) appeared for the Salford Defendants to the Chancery Actions Jonathan Adkin Esq and Watson Pringle Esq (instructed by Signature Litigation LLP) appeared for the Family Defendants to the Chancery Actions Hearing dates: 3rd – 7th October 2011; 10th – 13th October 2011; 17th – 19th October 2011; 24th & 28th October 2011; 31st October – 4th November 2011; 7th – 10th November 2011; 14th - 18th November 2011; 21st – 23 November 2011; 28th November – 2nd December 2011; 5th December 2011; 19th & 20th December 2011; 17th – 19th January 2012. -
Berezovsky Abramovich Summary Amended
EXECUTIVE SUMMARY OF THE FULL JUDGMENT OF GLOSTER J IN Berezovsky v Abramovich Action 2007 Folio 942 Introduction 1. This is an executive summary of my full judgment in this action. The full judgment is the definitive judgment and this summary is provided simply for the convenience of the parties and the public. 2. In action 2007 Folio 942, which I shall refer to as the Commercial Court action, the claimant, Boris Abramovich Berezovsky sues the defendant, Roman Arkadievich Abramovich for sums in excess of US dollars (“$”) 5.6 billion. 3. Both men are Russian citizens and are, or were, successful businessmen. Mr. Berezovsky fled from Russia to France on 30 October 2000, following a public dispute with Vladimir Putin, who was elected President of the Russian Federation in March 2000. Mr. Berezovsky subsequently settled in England and applied for asylum in the United Kingdom on 27 October 2001. His application was accepted on 10 September 2003. He is now resident in England. 1 October 2012 16:28 Page 1 4. At the time Mr. Berezovsky fled Russia, he had substantial commercial interests in the Russian Federation. According to his United Kingdom tax returns, he remains domiciled in Russia for tax purposes and intends to return to Russia when the political situation permits him to do so. 5. Mr. Abramovich frequently visits England because of his ownership of Chelsea Football Club. He also had substantial commercial interests in the Russian Federation at material times for the purposes of this litigation. 6. Jurisdiction in the action was founded on service, or attempted service, of the claim form personally on Mr. -
PCA Case No. AA 227 in the MATTER of an ARBITRATION BEFORE a TRIBUNAL CONSTITUTED in ACCORDANCE with ARTICLE 26 of the ENERGY CH
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 FINAL AWARD 18 July 2014 Tribunal The Hon. L. Yves Fortier PC CC OQ QC, Chairman Dr. Charles Poncet Judge Stephen M. Schwebel Mr. Martin J. Valasek, Assistant to the Tribunal Mr. Brooks W. Daly, Secretary to the Tribunal Ms. Judith Levine, Assistant Secretary to the Tribunal Registry Permanent Court of Arbitration Representing Claimant: Representing Respondent: Professor Emmanuel Gaillard Dr. Claudia Annacker Dr. Yas Banifatemi Mr. Lawrence B. Friedman Ms. Jennifer Younan Mr. David G. Sabel SHEARMAN & STERLING LLP Mr. Matthew D. Slater Mr. William B. McGurn Mr. J. Cameron Murphy CLEARY GOTTLIEB STEEN & HAMILTON LLP Mr. Michael S. Goldberg Mr. Jay L. Alexander Dr. Johannes Koepp Mr. Alejandro A. Escobar BAKER BOTTS LLP TABLE OF CONTENTS LIST OF DEFINED TERMS ..................................................................................................................... xiii INTRODUCTION ........................................................................................................................................ 1 I. PROCEDURAL HISTORY ................................................................................................................ 2 A. COMMENCEMENT OF THE ARBITRATION .................................................................................. -
Outsourcing Law in Post-Soviet Russia
Outsourcing Law in Post-Soviet Russia Delphine Nougayrède* This article looks at a specific phenomenon that has marked Russia’s legal development as an open market economy since 1992: the dominant use by Russian economic actors of corporate and contractual structures governed by foreign law instead of Russian law for a substantial portion of their activities and the adjudication of large Russian commercial disputes in foreign venues rather than in domestic venues. Russian economic actors have been extraordinarily busy users of foreign legal infrastructure. During this period there was, in fact, a hefty Russian demand for commercial law and legal services, but instead of being directed towards Russian domestic law and legal infrastructure, much of this demand was outsourced to foreign lawyers and foreign legal infrastructure. The Russian political structures and domestic legal community allowed the outsourcing and in some ways encouraged it, in an implicit consensus that Russian law was not (or not yet) able to serve the needs of large Russian businesses. In a globalized world, the use by economic actors of foreign law, foreign courts, and foreign corporate structures is a common form of private ordering of transnational activity.1 It is obviously not unique to Russia. What seems unique in Russia is the extent of the outsourcing and the fact that it affected not just transactions between Russian and foreign economic actors but also entire segments of domestic activity that were structured specifically in order to use foreign legal infrastructure rather than domestic infrastructure. The insufficient protection of property rights by Russian law and the discretionary use of Russian law as a weapon for political ends are well known themes that have already been widely examined.2 * Docteur en droit (Paris V), solicitor (England and Wales). -
Berezovsky V Abramovich Action 2007 Folio 942
In the Commercial Court (Chancery Division) 31 August 2012 EXECUTIVE SUMMARY OF THE FULL JUDGMENT OF GLOSTER J IN Berezovsky v Abramovich Action 2007 Folio 942 Introduction 1. This is an executive summary of my full judgment in this action. The full judgment is the definitive judgment and this summary is provided simply for the convenience of the parties and the public. 2. In action 2007 Folio 942, which I shall refer to as the Commercial Court action, the claimant, Boris Abramovich Berezovsky sues the defendant, Roman Arkadievich Abramovich for sums in excess of US dollars (“$”) 5.6 billion. 3. Both men are Russian citizens and are, or were, successful businessmen. Mr. Berezovsky fled from Russia to France on 30 October 2000, following a public dispute with Vladimir Putin, who was elected President of the Russian Federation in March 2000. Mr. Berezovsky subsequently settled in England and applied for asylum in the United Kingdom on 27 October 2001. His 31 August 2012 13:15 Page 1 application was accepted on 10 September 2003. He is now resident in England. 4. At the time Mr. Berezovsky fled Russia, he had substantial commercial interests in the Russian Federation. According to his United Kingdom tax returns, he remains domiciled in Russia for tax purposes and intends to return to Russia when the political situation permits him to do so. 5. Mr. Abramovich frequently visits England because of his ownership of Chelsea Football Club. He also had substantial commercial interests in the Russian Federation at material times for the purposes of this litigation. 6. -
PCA Case No. AA 227 in the MATTER of an ARBITRATION BEFORE a TRIBUNAL CONSTITUTED in ACCORDANCE with ARTICLE 26 of the ENERGY CH
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 FINAL AWARD 18 July 2014 Tribunal The Hon. L. Yves Fortier PC CC OQ QC, Chairman Dr. Charles Poncet Judge Stephen M. Schwebel Mr. Martin J. Valasek, Assistant to the Tribunal Mr. Brooks W. Daly, Secretary to the Tribunal Ms. Judith Levine, Assistant Secretary to the Tribunal Registry Permanent Court of Arbitration Representing Claimant: Representing Respondent: Professor Emmanuel Gaillard Dr. Claudia Annacker Dr. Yas Banifatemi Mr. Lawrence B. Friedman Ms. Jennifer Younan Mr. David G. Sabel SHEARMAN & STERLING LLP Mr. Matthew D. Slater Mr. William B. McGurn Mr. J. Cameron Murphy CLEARY GOTTLIEB STEEN & HAMILTON LLP Mr. Michael S. Goldberg Mr. Jay L. Alexander Dr. Johannes Koepp Mr. Alejandro A. Escobar BAKER BOTTS LLP TABLE OF CONTENTS LIST OF DEFINED TERMS ..................................................................................................................... xiii INTRODUCTION ........................................................................................................................................ 1 I. PROCEDURAL HISTORY ................................................................................................................ 2 A. COMMENCEMENT OF THE ARBITRATION .................................................................................. -
Abramovich and Berezovsky -V- Hine Judgment
Neutral Citation Number: [2012] EWHC 2463 (Comm) Royal Courts of Justice Rolls Building, 7 Rolls Buildings, London EC4A 1NL Date: 31st August 2012 IN THE HIGH COURT OF JUSTICE Case No: 2007 Folio 942 QUEEN’S BENCH DIVISION COMMERCIAL COURT IN THE HIGH COURT OF JUSTICE Claim Nos: HC08C03549; HC09C00494; CHANCERY DIVISION HC09C00711 Before: MRS JUSTICE GLOSTER, DBE - - - - - - - - - - - - - - - - - - - - - Between: Boris Abramovich Berezovsky Claimant - and - Roman Arkadievich Abramovich Defendant Boris Abramovich Berezovsky Claimant - and - Hine & Others Defendants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Laurence Rabinowitz Esq, QC, Richard Gillis Esq, QC, Roger Masefield Esq, Simon Colton Esq, Henry Forbes-Smith Esq, Sebastian Isaac Esq, Alexander Milner Esq, and Ms. Nehali Shah (instructed by Addleshaw Goddard LLP) for the Claimant Jonathan Sumption Esq, QC, Miss Helen Davies QC, Daniel Jowell Esq, QC, Andrew Henshaw Esq, Richard Eschwege Esq, Edward Harrison Esq and Craig Morrison Esq (instructed by Skadden, Arps, Slate, Meagher & Flom LLP) for the Defendant Ali Malek Esq, QC, Ms. Sonia Tolaney QC, and Ms. Anne Jeavons (instructed by Freshfields Bruckhaus Deringer LLP) appeared for the Anisimov Defendants to the Chancery Actions David Mumford Esq (instructed by Macfarlanes LLP) appeared for the Salford Defendants to the Chancery Actions Jonathan Adkin Esq and Watson Pringle Esq (instructed by Signature Litigation LLP) appeared for the Family Defendants to the Chancery Actions Hearing dates: 3rd – 7th October 2011; 10th – 13th October 2011; 17th – 19th October 2011; 24th & 28th October 2011; 31st October – 4th November 2011; 7th – 10th November 2011; 14th - 18th November 2011; 21st – 23 November 2011; 28th November – 2nd December 2011; 5th December 2011; 19th & 20th December 2011; 17th – 19th January 2012. -
Rent Seeking with Asymmetric Players: an Application to Litigation
VOLUME 6 EJLS ISSUE 2 European Journal of Legal Studies Title: Rent Seeking with Asymmetric Players: An Application to Litigation Expenditures Author(s): Svetoslav Salkin Source: European Journal of Legal Studies, Volume 6, Issue 2 (Autumn/Winter 2013/14), p 157-173 Abstract: This paper uses insights from the literature on rent-seeking contests toanalyze the expenditure decisions of a Defendant and a Plaintiff in the course of their legal battle. It is shown that the total amount of litigation expenditures is affected by the sequence of moves (protocols of interaction), differences in stakes, and the effectiveness of the parties (or the strength of their cases) and information asymmetries. In particular, it is shown that allowing for different stakes many of the results in the rent-seeking literature may not hold. 157 VOLUME 6 EJLS ISSUE 2 RENT SEEKING WITH ASYMMETRIC PLAYERS: AN APPLICATION TO LITIGATION EXPENDITURES Svetoslav Salkin * TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................... 159 2. LITIGATION AS A RENT-SEEKING CONTEST ........................................ 160 3. A SPECIALIZED MODEL ..................................................................................... 162 3.1. Cournot-Nash Protocol of Interaction .......................................................... 165 3.2. Stackelberg Protocol of Interaction .............................................................. 166 3.3. Rent Seeking with Asymmetric Information Regarding the -
The Litvinenko Inquiry
The Litvinenko Inquiry Report into the death of Alexander Litvinenko Chairman: Sir Robert Owen January 2016 The Litvinenko Inquiry Report into the death of Alexander Litvinenko Chairman: Sir Robert Owen Presented to Parliament pursuant to Section 26 of the Inquiries Act 2005 Ordered by the House of Commons to be printed on 21 January 2016 HC 695 © Crown copyright 2016 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.litvinenkoinquiry.org Any enquiries regarding this publication should be sent to us at [email protected] Print ISBN 9781474127332 Web ISBN 9781474127349 ID 11011605 51145 01/16 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office | Contents Contents Introductory Part 1 Preface 7 Part 2 Introduction 9 Open narrative evidence Part 3 Alexander Litvinenko – his life in Russia and the 13 United Kingdom, his illness and death Chapter 1 In Russia 13 Chapter 2 Leaving Russia 26 Chapter 3 In the United Kingdom 29 Chapter 4 Illness and death 33 Chapter