Conclusion of Hearing on Preliminary Objections in Arbitration Concerning the Detention of Ukrainian Naval Vessels and Servicemen
On 15 October 2021, the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by Ukraine against the Russian Federation on the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen concluded the hearing on the Russian Federation’s Preliminary Objections.
The hearing, which commenced on 11 October 2021, was held at the seat of the Permanent Court of Arbitration (“PCA”) at the Peace Palace, in The Hague, the Netherlands. The hearing took place in a hybrid format, with some of the members of the Parties’ delegations and some of the members of the Arbitral Tribunal joining in person and others by videoconference.
The Russian Federation’s Agent, H.E. Mr. Dmitry Lobach, Ambassador-at large, Ministry of Foreign Affairs of the Russian Federation, delivered the Russian Federation’s opening statement in the first round of oral pleadings. Thereafter, the Russian Federation’s Counsel and Advisers, Mr. Samuel Wordsworth QC, Ms. Amy Sander, Professor Alain Pellet, Professor Tullio Treves and Mr. Sergey Usoskin presented the Russian Federation’s legal arguments.
Ukraine’s Agent, Ms. Oksana Zolotaryova, Director of the International Law Department, Ministry of Foreign Affairs of Ukraine, delivered Ukraine’s opening statement in the first round of oral pleadings. Thereafter, Ukraine’s Counsel and Advocates, Ms. Marney L. Cheek, Professor Alfred H.A. Soons, Professor Jean-Marc Thouvenin, and Mr. David M. Zionts presented Ukraine’s legal arguments.
In accordance with Article 28(3) of the Rules of Procedure of the Arbitral Tribunal, the transcripts for each Agent’s opening statements shall be public and published on the PCA website in due course. As for the remaining parts of the hearing, under Article 28(4) of the Rules of Procedure, transcripts of said portions shall be published together with the Arbitral Tribunal’s final award, subject to any redactions of confidential information authorized by the Arbitral Tribunal.
The Arbitral Tribunal will commence its deliberations and issue an award in due course.
Further information about the arbitration is available on the Cases section of the PCA website, at https://pca-cpa.org/en/cases/229/.
