Arbitration Links - Linklaters
  • Topic: Sovereign Immunity

Recent developments in the Yukos saga see assets in Belgium belonging to Russia unfrozen

27 June 2017 Guillaume Croisant, Belgium


In 2015, at the request of one of Yukos’s main former shareholders, assets in Belgium belonging to Russia were frozen. The Brussels Court of First Instance has now lifted that order. This decision follows a recent ruling of the Belgian Constitutional Court upholding the so-called ‘Yukos’ Act of 23 August 2015, which reinforces state immunity from enforcement in Belgium.  

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State Immunity from Enforcement in The Netherlands

25 April 2017 Marc Krestin; Sebastiaan Barten, Europe; The Netherlands


In its judgment of 30 September 2016, the Dutch Supreme Court ruled that assets of foreign states cannot be subject to attachment and enforcement in The Netherlands, unless those assets are used for non-governmental purposes.

In its judgments of 14 October 2016, the Dutch Supreme Court confirmed this general presumption of sovereign immunity from enforcement of judgments and arbitral awards against a foreign state’s assets.

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