Case concerning the detention of three Ukrainian naval vessels (Ukraine v. Russian Federation), Provisional Measures

By its Notification and Statement of Claim dated 31 March 2019, Ukraine instituted arbitral proceedings under Annex VII to the Convention against the Russian Federation in a dispute concerning “the immunity of three Ukrainian naval vessels and the twenty-four servicemen on board”.

Pending the constitution of the arbitral tribunal and after the expiry of the two-week time limit provided for by article 290, paragraph 5, of the Convention, Ukraine, on 16 April 2019, submitted to the Tribunal a request for the prescription of provisional measures in respect of the dispute. The case was entered in the Tribunal’s list of cases as Case No. 26.

By note verbale dated 30 April 2019, the Russian Federation informed the Tribunal “of its decision not to participate in the hearing on provisional measures in the case instituted by Ukraine”.

By an Order dated 2 May 2019, the President fixed 10 May 2019 as the date for the hearing.

By note verbale dated 7 May 2019, the Russian Federation transmitted a memorandum regarding its position on the circumstances of the case.

Prior to the opening of the hearing, the Tribunal held initial deliberations on 9 May 2019.

Oral statements were presented at a public sitting held on 10 May 2019. In accordance with article 75, paragraph 2, of the Rules, the Agent of Ukraine presented the final submissions at the hearing on 10 May 2019.

The Tribunal delivered its Order on 25 May 2019.

Ukraine submitted its initial report on Compliance with the Provisional Measures Prescribed on 25 June 2019 and a supplementary report on 26 June 2019. The Russian Federation submitted a report on 25 June 2019. Subsequently, Ukraine submitted communications concerning the case on 13 August 2019, 18 September 2019 and 29 November 2019, whereas the Russian Federation submitted notes verbales concerning the case dated 16 September 2019 and 22 November 2019.