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Russian Federation v Veteran Petroleum Limited and ors, Judgment, Case Nos C/09/477160/HA ZA 15-1, IIC 773 (2016), C/09/447162/HA ZA 15-2, C/09/481619/HA ZA 15-112, 20th April 2016, Netherlands; The Hague; District Court

Russian Federation v Veteran Petroleum Limited and ors, Judgment, Case Nos C/09/477160/HA ZA 15-1, IIC 773 (2016), C/09/447162/HA ZA 15-2, C/09/481619/HA ZA 15-112, 20th April 2016, Netherlands; The Hague; District Court

Whether the Energy Charter Treaty (‘ECT’) was provisionally applicable to the Russian Federation (‘Russia’) pursuant to Article 45(1) of the ECT if the principle of provisional application itself was ‘not inconsistent’ with Russia’s ‘constitution, laws or regulations’ or only to the extent that each specific provision of the ECT was not inconsistent with Russia’s ‘constitution, laws or regulations’.

Whether, if the entire ECT was not provisionally applicable to Russia, the dispute resolution provision in Article 26 of the ECT, from which the Tribunal derived its jurisdictional competence, was ‘not inconsistent’ with Russia’s ‘constitution, laws or regulations’.

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