Court of Appeal dismisses bifurcation

24th January 2017

The Dutch Appeal Court refused the Yukos oligarchs’ requests for bifurcation - splitting the case into two - and the reversal of the filing sequence.


The Hague’s Court of Appeal dismisses request for bifurcation by Yukos oligarchs (Moscow, 24 January 2017): The Russian Federation welcomes the decision by the Hague’s Court of Appeal to dismiss the Yukos oligarchs’ requests for bifurcation and the reversal of the filing sequence.

If the Court of Appeal had granted the split as requested by the Yukos oligarchs, the appeal proceedings would have been delayed for years. “We can only assume the oligarchs wanted more time to try to seize Russian Federation assets in Belgium and France – despite the fact that the underlying arbitration awards have been set aside”, Andrey Kondakov, Director of the International Centre for Legal Protection commented.

“The Yukos oligarchs are becoming increasingly desperate in their attempts to continue to extract further money from the Russian Federation. Now they have failed again, this time by requesting the case before the Hague Court of Appeal to be split into two phases,” Kondakov stated. “The request made was also in plain contradiction to the oligarchs’ position before the Hague District Court in 2015. The Court of Appeal will now consider the matter as a whole, as submitted by the Russian Federation, including the “unclean hands” argument that the Yukos oligarchs were so eager to avoid coming before the Court.”

Now the Court of Appeal in The Hague has decided to reject HVY’s requests for bifurcation and reversal of filing sequence, the intended procedural calendar is:

  • 14 March 2017: filing of the Memorandum of Appeal by HVY
  • 5 September 2017: filing of the Memorandum of Defense by the Russian Federation
  • Two-day hearing will be held in December 2017. Dates in March and June 2018 have been set as reserve dates if additional hearings are required