Onder 5.4. Rechtbank Den Haag 20 april 2016

In view of the first ground put forward by the Russian Federation to support its request for reversal of the Yukos Awards, the court will first assess whether the Tribunal was competent to take cognizance of the claims of the Claimants in the Arbitration. First and foremost, the court would like to state the following regarding the assessment framework. Although under Section 1052 subsection 1 Rv the appointed Tribunal in the Arbitration was qualified to assess its jurisdiction, the fundamental character of the right to access to the courts entails that ultimately an ordinary court is entrusted with answering the question whether or not a valid arbitration agreement in the sense of Section 1065 subsection 1 under a Rv was lacking. This fundamental character also entails that, in deviation from a principally restrictive assessment in reversal proceedings, the court does not restrictively assess a request for reversal of an arbitral award on the ground of a lacking valid agreement (cf. recent Supreme Court ruling of 26 September 2014, ECLI:NL:HR:2014:2837). Furthermore, in assessing such a request, the court takes as a starting point that the onus is on the defendants to prove that the Tribunal is competent. After all, the burden of proof was also on them (as Claimants) in the Arbitration, while in the current proceedings the same jurisdiction issue is to be dealt with.

$ curl -s https://bron.page/api/v1/blobs/c41b7b536312fc28d662a84342c9ad14bf27e0adff7968e8433c5063474db641 | shasum -a 256