By Alexander Marrow
LONDON (Reuters) – Russian billionaire Mikhail Fridman has submitted a request that a more than $16 billion arbitration dispute with Luxembourg be administered at the Hong Kong International Arbitration Centre (HKIAC), documents seen by Reuters showed.
Fridman is seeking damages from Luxembourg on assets frozen in the country due to Western sanctions imposed on him in response to Russia’s February 2022 invasion of Ukraine.
Fridman’s request, filed on Aug. 13, invoked a 1989 treaty between Belgium, Luxembourg, and the Soviet Union that protects investors’ assets from being expropriated or nationalised.
Luxembourg’s State Ministry confirmed that Fridman had initiated arbitration proceedings against the State of the Grand-Duchy of Luxembourg.
“The government is currently in the process of analysing the claim and next steps with its legal advisers,” the ministry said.
The HKIAC did not immediately respond to an email, sent outside its regular office hours, seeking comment.
Writing in The Spectator magazine in April, Fridman said his “assets and businesses in Britain and the EU (had) been in effect nationalised, with no compensation, and no proof of any wrongdoing other than the subjective view of anonymous civil servants.”
Fridman and his long-time business partner Petr Aven won a rare victory against EU sanctions in April, with initial sanctions on the pair deemed to have been imposed without sufficient evidence of support for the Kremlin’s actions or policies against Ukraine.
Both men remain under punitive measures, as sanctions were extended in March 2023. Fridman and Aven have appealed that extension.
Sanctions are at the heart of this case, meaning finding a jurisdiction that has not imposed sanctions on Russia, such as Hong Kong, was key.
Fridman proposed proceeding with an ad hoc arbitration under United Nations Commission on International Trade Law (UNCITRAL) arbitration rules, the documents showed.
The Investment Arbitration Reporter reported that Fridman’s case was the first known treaty arbitration against Luxembourg.
($1 = 91.5000 roubles)
(Reporting by Alexander Marrow; Editing by Sharon Singleton)
