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Court reinstates order for Russia to pay $50 bln over Yukos
Top Court Watch |
2020/02/18 10:33
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In a major legal defeat for the Russian government, a Dutch appeals court on Tuesday reinstated an international arbitration panel’s order that it should pay $50 billion compensation to shareholders in former oil company Yukos.
The ruling overturned a 2016 decision by The Hague District Court that quashed the compensation order on the grounds that the arbitration panel did not have jurisdiction because the case was based on an energy treaty that Russia had signed but not ratified.
The Hague Court of Appeal ruled that the 2016 decision “was not correct. That means that the arbitration order is in force again.”
“This is a victory for the rule of law. The independent courts of a democracy have shown their integrity and served justice. A brutal kleptocracy has been held to account,” Tim Osborne, the chief executive of GML, a company made up of Yukos shareholders, said in a statement.
The Russian Justice Ministry said in a statement after the verdict that Russia will appeal. It charged that the Hague appeals court “failed to take into account the illegitimate use by former Yukos shareholders of the Energy Charter Treaty that wasn’t ratified by the Russian federation.”
The arbitration panel had ruled that Moscow seized control of Yukos in 2003 by hammering the company with massive tax claims. The move was seen as an attempt to silence Yukos CEO Mikhail Khodorkovsky, a vocal critic of President Vladimir Putin.
The 2014 arbitration ruling said that Russia was not acting in good faith when it levied the massive claims against Yukos, even though some of the company’s tax arrangements might have been questionable. |
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WADA asks sports court to open Russia case to public hearing
Top Court Watch |
2020/02/05 18:54
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The World Anti-Doping Agency wants a rare public hearing for sport’s highest court to judge a four-year slate of punishments faced by Russia for persistent cheating.
The Court of Arbitration for Sport is preparing a hearing expected within weeks for the blockbuster case in Switzerland.
“It is WADA’s view and that of many of our stakeholders that this dispute at CAS should be held in a public forum to ensure that everybody understands the process and hears the arguments,” the Montreal-based agency’s director general, Olivier Niggli, said in a statement.
Urged on by President Vladimir Putin, Russia’s anti-doping agency, known as RUSADA, is formally challenging a WADA ruling in December to declare it non-compliant after key data from the Moscow testing laboratory was corrupted.
The CAS panel of three judges will have power to enforce WADA-recommended sanctions including a ban on Russia’s team name, flag and anthem at Olympic Games and world championships.
WADA also wants Russian athletes to compete as neutrals at the Olympics and major events only if they pass a vetting process which examines their history of drug testing and possible involvement in lab cover-ups of positive tests.
CAS hearings can be opened to media and public observers in some cases when both parties consent.
The court held its first public hearing for 20 years in November when WADA appealed a ruling by swimming’s world body not to ban China’s three-time Olympic gold medalist Sun Yang for alleged doping rule violations. |
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Wood County commissioner reprimanded by Supreme Court
Top Court Watch |
2020/01/30 11:12
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The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.
The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.
The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.
During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said. |
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Man Stirs the Pot by Lighting Joint in Court
Top Court Watch |
2020/01/27 11:13
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The rapper Afroman famously sang about how getting high on marijuana prevented him from going to court. A Tennessee man decided to combine the two when he lit a marijuana cigarette in the courtroom, authorities said.
Spencer Alan Boston, 20, was arrested Monday and charged with disorderly conduct and simple possession after sparking up in the courtroom, news outlets reported.
Wilson County Sheriff Robert Bryan said Boston was in court Monday on a simple drug possession charge. Boston approached the bench to discuss his sentence but instead expressed his views on legalizing marijuana.
Boston reached in his pocket, pulled out a marijuana cigarette, lit it, smoked it and was immediately taken into custody, Bryan said.
Sheriff’s Office Lt. Scott Moore said the courtroom crowd chuckled. It’s unclear whether Boston lit up a joint or a blunt but Bryan said the defendant’s marijuana did have a strong odor. |
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Greek court postpones retrial in US tourist's beating death
Top Court Watch |
2020/01/10 10:00
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A Greek court on Wednesday postponed the retrial of seven suspects on murder charges over the 2017 fatal beating of a Texan tourist on an island resort to allow a lawyer newly hired by the victim's family to familiarize himself with the case.
The court in the western port town of Patras postponed the case until Jan. 13.
Six of the men -- five Serbian nationals and a British man of Serbian origin -- had been convicted by a first instance court last year and sentenced to between five and 15 years in prison, but four have since been released. The seventh defendant, a Greek barman, had been acquitted. A public prosecutor had ordered the retrial of all seven, deeming the sentences too lenient.
Bakari Henderson, a 22-year-old from Austin, died in July 2017 after being beaten in the street following an argument in a bar in the Laganas resort area of Zakynthos island.
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