30 September 2021

Hearing on Preliminary Objections in Arbitration Concerning the Detention of Ukrainian Naval Vessels and Servicemen

A hearing concerning the Russian Federation’s Preliminary Objections in the arbitration instituted by Ukraine against the Russian Federation in respect of a “Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen” will be held at the seat of the Permanent Court of Arbitration (PCA) at the Peace Palace, The Hague, in the Netherlands. The hearing is scheduled to begin on 11 October 2021 and will take 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.

Hearing Schedule

In accordance with the schedule fixed by the Arbitral Tribunal, the hearing will be conducted in two rounds. On Monday, 11 October 2021, the Russian Federation will deliver its first round of oral arguments. On Tuesday, 12 October 2021, Ukraine will deliver its first round of oral arguments. On Thursday, 14 October 2021, the Russian Federation will present its second round of oral arguments. On Friday, 15 October 2021, Ukraine will present its second round of oral arguments. If required, a further session of the hearing will be conducted on Saturday, 16 October 2021.

Live-streaming on the Internet

The opening statement made by each Party’s Agent in the first round of oral pleadings will be webcast on the internet via live-streaming. The opening statement of the Russian Federation will be delivered on Monday, 11 October 2021, shortly after the hearing commences at 1 p.m. (CEST); the statement is expected to conclude by 1:30 p.m. (CEST).

 

The opening statement of Ukraine will be delivered on Tuesday, 12 October 2021, shortly after the hearing commences at 1 p.m. (CEST); the statement is expected to conclude by 1:30 p.m. (CEST).

 

Public Access to the Hearing

Pursuant to Article 28(3) of the Rules of Procedure of the Arbitral Tribunal, only the opening statement made by each Party’s Agent in the first round of oral pleadings will be open to the public. The transcripts for each Party’s opening statements shall be public and published on the PCA website in due course. No public access will be available for the remainder of the hearing in any form. However, under Article 28(4) of the Rules of Procedure, transcripts for said portions of the hearing shall be published together with the Arbitral Tribunal’s final award, subject to any redactions of confidential information authorized by the Arbitral Tribunal.

Publication of the Parties’ Written Pleadings

In accordance with Article 28(2) of the Rules of Procedure, the Parties’ written pleadings on the Preliminary Objections, as well as any non-confidential documentary evidence related thereto, shall be published on 11 October 2021 on the PCA website.

Background of the Dispute

The arbitral proceedings were instituted on 1 April 2019 when Ukraine served on the Russian Federation a Notification and Statement of Claim under Annex VII to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The Notification and Statement of Claim refers to a dispute concerning the detention of Ukrainian naval vessels and servicemen. The five-member Arbitral Tribunal is chaired by Professor Donald McRae as President (a national of Canada and New Zealand). The other members are Judge Gudmundur Eiriksson (Iceland), Judge Rüdiger Wolfrum (Germany), Judge Vladimir Vladimirovich Golitsyn (Russian Federation), and Sir Christopher Greenwood (United Kingdom). The PCA acts as Registry for the proceedings.

Further Information

Further information about the arbitration is available on the Cases section of the PCA website, at https://pca-cpa.org/en/cases/229/.