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Arctic Sunrise Arbitration (Netherlands/Russia) (Award on Compensation) (Perm. Ct. Arb.)

Published online by Cambridge University Press:  25 September 2018

Theodore Kill
Theodore Kill*
Affiliation:
Office of the Legal Adviser, U.S. Department of State. The views expressed herein are made in my personal capacity and in no way reflect the position of the U.S. government or of the Office of the Legal Adviser.
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Extract

An ad hoc arbitral tribunal convened pursuant to Article 287 and Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) delivered its award on compensation on July 10, 2017, in Arctic Sunrise (Netherlands/Russia). The award was unanimous on all holdings and included no separate opinions. The Tribunal awarded the Netherlands just under EUR 5.4 million under four separate heads of damages arising out of Russian violations of its obligations under UNCLOS that were established in the Tribunal's award of August 15, 2015.

Type
International Legal Documents
Information
International Legal Materials , Volume 57 , Issue 4 , August 2018 , pp. 553 - 582
Copyright
Copyright © 2018 by The American Society of International Law 

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References

ENDNOTES

1 See Theodore Kill, Introductory Note to Arctic Sunrise Arbitration (Netherlands v. Russia) (Perm. Ct. Arb.), 55 ILM 1 (2016); Eva Rieter, Introductory Note to the “Arctic Sunrise” Case (Netherlands/Russia) (ITLOS), 53 ILM 603 (2014).

2 In August 2015, some six months after the Tribunal had concluded the hearing on the merits, Russia submitted a position paper entitled “Certain Legal Issues Highlighted by the Action of the Arctic Sunrise Against Prirazlomnaya.” The Tribunal, however, took no action in regard to this paper given its late submission and the fact that in submitting the paper Russia expressly did not constitute a formal submission in the arbitral proceedings.

3 Arctic Sunrise Arbitration (Netherlands/Russia), Award on Compensation, ¶ 93 (Perm. Ct. Arb. 2017), https://pcacases.com/web/sendAttach/2214.

4 Id. ¶ 95.

5 Id. ¶ 50 (emphasis in original).

6 Id. ¶ 51.

7 Id. ¶ 54.

8 Id. ¶ 57.

9 Id. ¶ 86.

10 Id. ¶ 98.

11 Id. ¶ 121.