Banks, Financial Services, Legislation, Lithuania, Russia
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Friday, 19.04.2024, 15:41
Lithuania to exercise state immunity in dispute against Snoras ex-owner
Lithuania will submit this position to a Moscow arbitration
court that is hearing Antonov's lawsui
Andrius Bambalas
of the law office Fort thinks that
the Justice Ministry's decision to exercise sovereign immunity is a right move.
"I believe this is the right decision. There is an
international law principle that the courts of one state cannot hear disputes
against another state without its consent," he told.
According to the lawyer, Antonov basically accuses the
Lithuanian state of expropriation of Snoras'
shares.
"Expropriation is not an area of private law. It is an
area of public law of a sovereign state. In this case, therefore, there must be
either the Lithuanian state's consent or the dispute has to be resolved in that
state (Lithuania), or an international dispute resolution mechanism has to be
chosen," he said.
The Justice Ministry says that Lithuania will invoke state
immunity from the jurisdiction of Russian courts, including immunity from
interim measures, enforcement of decisions and other actions. It also
emphasizes that international rules were not followed while submitting
procedural documents.
The government is to instruct the Lithuanian Foreign
Ministry to send a diplomatic note to Russia over the Moscow arbitration
court's actions.
The Justice Ministry on Aug. 11 was notified of a lawsuit
worth 40.1 bln rubles (EUR 558 mln) filed by Antonov against Lithuania.
The former banker is seeking 20.2 bln rubles (EUR 281 mln) in material
damages and another 19.9 bln rubles (EUR 277 mln) euros in damages to his
business reputation.
The Moscow arbitration court is scheduled to start the
hearing of the suit on Sept. 22.