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Notice of Arbitration IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW SERGEI VIKTOROVICH PUGACHEV Claimant v. THE RUSSIAN FEDERATION Respondent NOTICE OF ARBITRATION Edward G. Kehoe Caline Mouawad Viren Mascarenhas Jessica Beess und Chrostin King & Spalding LLP Counsel for Claimant September 21, 2015 Table of Contents I. INTRODUCTION ................................................................................................................. 1 II. THE PARTIES....................................................................................................................... 1 A. Claimant ........................................................................................................................... 1 B. Respondent ....................................................................................................................... 2 III. FACTUAL BACKGROUND ................................................................................................ 3 A. Overview .......................................................................................................................... 4 B. The Red Square Project ................................................................................................... 6 C. The Shipyards .................................................................................................................. 9 D. The EPC Investment ...................................................................................................... 20 E. The Land Plots ............................................................................................................... 23 F. Damage to Other Substantial Investments ..................................................................... 25 IV. JURISDICTION .................................................................................................................. 26 A. Mr. Pugachev is an Investor Under the France-Russia BIT .......................................... 27 B. Mr. Pugachev’s Assets at Issue in This Proceeding are “Investments” Under the France- Russia BIT ..................................................................................................................... 27 V. RESPONDENT BREACHED ITS OBLIGATIONS UNDER THE FRANCE-RUSSIA BIT AND CUSTOMARY INTERNATIONAL LAW ............................................................... 28 A. Respondent Wrongfully Expropriated Claimant’s Assets Without Compensation in Violation of the France-Russia BIT and Customary International Law ........................ 28 B. Respondent Violated its Obligation under the Treaty and Customary International Law to Afford Claimant Fair and Equitable Treatment (“FET”) .......................................... 30 C. Respondent Failed to Afford Claimant Full Protection and Security in Violation of the France-Russia BIT and Customary International Law .................................................. 31 D. Respondent Committed a Denial of Justice vis-à-vis Claimant in Violation of the France-Russia BIT and Customary International Law .................................................. 31 E. Respondent Owes to Claimant Protections Commensurate with the Most Favored Nation Clause of the France-Russia BIT ....................................................................... 32 VI. NOTICE AND TIME REQUIREMENTS........................................................................... 33 VII. NUMBER AND APPOINTMENT OF ARBITRATORS ................................................... 33 VIII. PLACE OF ARBITRATION ............................................................................................... 34 IX. LANGUAGE OF THE ARBITRATION ............................................................................ 34 X. CASE ADMINISTRATION ................................................................................................ 34 XI. REQUEST FOR RELIEF .................................................................................................... 34 ii I. INTRODUCTION 1. Sergei Viktorovich Pugachev, a citizen of France (“Claimant”), hereby serves notice of the initiation of an arbitration proceeding under the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (the “UNCITRAL Rules”) against the Russian Federation (“Russia” or “Respondent”) pursuant to Article 7 of the Agreement Between the Government of the Republic of France and the Government of the United Soviet Socialist Republics on the Reciprocal Promotion and Protection of Investments (the “France-Russia BIT” or the “Treaty”) dated July 4, 1989, which entered into force on July 18, 1991 (enclosed). Mr. Pugachev has duly authorized the undersigned to initiate and pursue arbitration proceedings on his behalf against Russia under the Treaty. 2. Claimant Mr. Pugachev is a businessman and public figure who is personally known to President Vladimir Putin and other high-level members of the Russian Government. Since 2009, the Russian Federation has targeted Mr. Pugachev and has taken concerted action to strip Mr. Pugachev of his multi-billion dollar investments in Russia without compensation, in breach of Mr. Pugachev’s rights under the France-Russia BIT and international law. Through its various branches and organs, including the judiciary, the Russian Federation has mistreated Mr. Pugachev and his investments, outright taken several investments without paying any compensation, coerced Mr. Pugachev to enter into transactions on unfavorable terms, threatened the security and wellbeing of Mr. Pugachev and his family, and commenced unfounded criminal proceedings against him. 3. Russia’s systematic and multipronged persecution of Mr. Pugachev violates Russia’s obligations under the France-Russia BIT and international law. Through these arbitration proceedings, Claimant seeks, inter alia, compensation and damages to fully compensate Mr. Pugachev for Russia’s breach of its obligations under the Treaty in an amount of no less than US$ 12 billion. II. THE PARTIES A. Claimant 4. Claimant is a national of France under the laws of the Republic of France. 1 5. Mr. Pugachev is represented in this arbitration proceeding by King & Spalding LLP. All communications intended for Mr. Pugachev should be addressed to: Edward G. Kehoe Caline Mouawad Viren Mascarenhas Jessica Beess und Chrostin King & Spalding LLP 1185 Avenue of the Americas 34th Floor New York, New York 10036 United States of America Tel: +1 212 556 2100 Fax: +1 212 556 2222 Email: [email protected] [email protected] [email protected] [email protected] B. Respondent 6. Respondent is the Russian Federation, a sovereign State and a Contracting Party to the France-Russia BIT. Claimant provides notice of this arbitration to the Russian Federation through: Sergei Viktorovich Lavrov Minister of Foreign Affairs Ministry of Foreign Affairs of the Russian Federation Denezhniy per. 18 Moscow, 119002 Russian Federation 2 7. Additionally, Claimant has served courtesy copies of the Notice of Arbitration on: Anton Germanovich Siluanov Alexey Valentinovich Ulyukaev Minister of Finance Minister of Economic Development of the Ministry of Finances of the Russian Federation Russian Federation Ministry of Economic Development of the 9 Ilyinka Street Russian Federation Moscow, 109097 1,3 1-ya Tverskaya-yamskaya Russian Federation Moscow, 125993 Russian Federation Alexander Vladimirovich Vladimir Vladimirovich Putin Konovalov President of the Russian Federation Minister of Justice of the Russian Administration of the President Federation 23 Iliyinka Street Ministry of Justice of the Russian Moscow, 103132 Federation Russian Federation 14 Zhitnaya Street Moscow, 119991 Russian Federation III. FACTUAL BACKGROUND 8. Following a brief introduction to Mr. Pugachev and his background (Section A) is an overview of Respondent’s actions in breach of the Treaty and international law relating to four of Mr. Pugachev’s investments in Russia, which form the basis of the present dispute. These investments are Claimant’s investment in: the Red Square real estate development (the “Red Square Project”) (Section B); the Severnaya Verf shipyard (“Northern Shipyard”) and Baltiyskiy Zavod shipyard (“Baltic Shipyard”) in St. Petersburg, as well as an associated construction bureau known as the Central Design Bureau Iceberg (individually, “Iceberg” and collectively with Northern Shipyard and Baltic Shipyard, the “Shipyards”) (Section C); Enisey Production Company (“EPC”) and EPC’s license to develop and mine the coking coal deposit in the Elegest Plateau at the Ulug Khemsky coal basin in Tuva (Section D); and 167 plots of land in the Krasnogorsky District of the Moscow Region through his company ZAO Optik Trade (“Optik Trade”) (Section E). Section F discusses certain other investments of Mr. Pugachev that have been adversely affected as a result of Respondent’s conduct in violation of the Treaty and international law. 3 A. Overview 9. In the early 1990s, a group of businessmen emerged as billionaires from the period of Russian market liberalization led by Mikhail Gorbachev. These businessmen were instrumental in President Putin’s rise to power at the turn of the century. 10. Claimant Sergei Pugachev is a member of this relatively small group of Russian businessmen. Mr. Pugachev obtained a degree in economics from the Moscow University of Methodology of Knowledge and subsequently wrote a doctoral thesis for his PhD, as well as a number of articles and book chapters, on macroeconomic theory.
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