*Yukos Capital SARL v OJSC Oil Company Rosneft

Practice – Interest. A judgment was given for the claimant company in the Russian court, but later set aside. However, the principal sums came to be paid, because the claimant identified assets of the defendant company within the Dutch jurisdiction. The awards did not mention interest. The Commercial Court held that, on the evidence, there was no ex nihilo nil fit principle which precluded the enforcement of the awards. The interest on the awards would not be enforceable in the Russian courts, but was in England. However, whether it ought to be awarded as a matter of discretion was for later determination.

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