Issuance of Award on the Preliminary Objections of the Russian Federation in Arbitration Concerning the Detention of Ukrainian Naval Vessels and Servicemen

In an arbitration under Annex VII to the United Nations Convention on the Law of the Sea (“UNCLOS”) concerning the dispute concerning the detention of Ukrainian naval vessels and servicemen, the Arbitral Tribunal has issued an award on the preliminary objections of the Russian Federation. The Permanent Court of Arbitration (“PCA”) acts as registry for the proceedings.

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 UNCLOS. Following the filing of a Memorial by Ukraine, the Russian Federation raised preliminary objections to jurisdiction. The Arbitral Tribunal decided, in Procedural Order No. 2, that these preliminary objections would be addressed in a preliminary phase of the proceedings. Ukraine was accordingly invited to file a written pleading on the preliminary objections. The Arbitral Tribunal then held a hearing on the preliminary objections from 11 to 15 October 2021 at the Peace Palace, The Hague. The Parties’ written pleadings and the opening statements presented by the Agents of the Parties at the hearing are available on the PCA website.

On 27 June 2022, the Arbitral Tribunal issued an award on the preliminary objections of the Russian Federation. In accordance with the Rules of Procedure, the award will be published on the PCA website in due course, after the Parties have had an opportunity to consider whether any part of the award should be designated as containing “confidential information”.

Further information about the proceedings is available on the PCA website at https://pca-cpa.org/en/cases/229/. In accordance with the Rules of Procedure, the PCA, after consultation with the Parties, will from time to time issue press releases, concerning the status of the proceedings.