Alekseenko v. Norway

Mr. Alekseenko owned a fish processing plant in Norway, but after Norway imposed an entry ban on him and his wife, the plant went bankrupt. Citing a breach of the investment protection agreement between Russia and Norway and the impossibility, because of sanctions, of bringing the arbitration provided for in that agreement, Mr. Alekseenko filed a claim against Norway in the Arbitrazh Court of the Kursk Region. The Russian Ministry of Foreign Affairs, joined to the proceedings, saw no grounds to limit Norway’s immunity from jurisdiction or to apply Article 248.1 of the Russian Arbitrazh Procedure Code. The court dismissed the claim, finding that the refusal of a visa did not breach the investor’s rights and that a causal link between Norway’s actions and the claimant’s loss had not been proven.

A rare attempt by a Russian investor to bring an investment claim against a foreign state in a Russian state court, citing the unavailability of arbitration because of sanctions. Despite the established case law on claims filed under Article 248.1 of the Russian Arbitrazh Procedure Code, the court recognized Norway’s immunity and dismissed the claim on the merits.