Court decision invalidating yukos capital
In that year, Yukos and Khodorkovsky became the target of what is generally considered a politically motivated campaign, led by Putin, to destroy the company. Both Alexei Pichugin, Yukos’ chief security officer, and Leonid Nevzlin, a major Yukos shareholder who was tried in absentia, were convicted for the murder.
A state oil company, Rosneft, took over most of Yukos’ assets in Nefteyugansk, and Petukhov was lionized as the helpless victim of Yukos’ criminal activities in the region. Putin and Rosneft CEO Igor Sechin publicly linked Khodorkovsky to the murder.
They are intended to reduce the administrative burden on the tribunal, and so help make arbitral proceedings more efficient and cost-effective.
A secretary may also help protect the integrity of an award.
There is still no public knowledge as to why Khodorkovsky was suddenly released and secretly sent to Germany in December 2013.
Analysts agree that it was likely a combination of three things: Putin trying to improve his image before the 2014 Winter Olympics in the Russian city of Sochi; effective behind- the-scenes diplomacy from German Chancellor Angela Merkel and former German deputy chancellor Hans-Dietrich Genscher; and the fact that Khodorkovsky’s mother was gravely ill.
The assets belong to Yukos Finance, a company Khodorkovsky registered for safe haven in Holland.
The cash comes from the sale of a 54% stake in the Lithuanian oil refinery Mazeikiu; the balance represents the audited valuation of equity of Transpetrol, the Slovak republic’s pipeline company, in which Yukos held a 49% stake. Between 2006 and early 2007, Mikhail Gutseriyev, owner of Russneft, a midsize Russian oil production and refining group, attempted to beat others to the liquidation of the Yukos Finance assets by negotiating directly with the Slovak government in Bratislava.
The case was dropped until Yukos came under fire from the state in 2013. As Khodorkovsky was sentenced, Petukhov’s murder case resurfaced.
Gutseriyev claimed he wanted to acquire all or part of the Slovak state’s 51% stake in Transpetrol.
At the time, Gutseriyev’s game was to get hold of the Slovak 51% at a discount, and then position himself to take the Yukos 49% from the competition.
In the context of tribunal secretaries, parties ought to bear in mind that they are granted broad autonomy with respect to the arbitral process, and they are accordingly free to agree to safeguards to reduce the risk of impropriety by a tribunal secretary; or to prohibit a secretary's use entirely.
A tribunal secretary is a personal and confidential aide to the tribunal, commonly acting solely under the direction of the chairperson.