Covington Secures Key Jurisdictional Victory for Ukraine Under U.N. Law of the Sea Convention
June 28, 2022
WASHINGTON- Covington secured a key ruling for Ukraine in an arbitration against the Russian Federation under the U.N. Convention on the Law of the Sea (UNCLOS). The case concerns Russia’s arrest and detention of three Ukrainian naval vessels and 24 servicemen in the Black Sea in 2018. In 2019, Covington represented Ukraine in obtaining a historic order from the International Tribunal for the Law of the Sea (“ITLOS”) ordering Russia to immediately release the vessels and servicemen. Yesterday’s ruling, issued unanimously by a five-member arbitral tribunal, did not uphold any of Russia’s jurisdictional objections and permits Ukraine’s case, including its claim for reparation, to proceed to the merits.
“Yesterday’s ruling is a victory for the rule of law and Ukraine’s demand for accountability for Russia’s many violations of international law,” said Marney Cheek, co-chair of Covington’s International Arbitration Practice and counsel for Ukraine. “Russia will now have to answer for its unlawful actions against Ukraine’s warships and sailors.”
“This award allows Ukraine to pursue reparation, including for the 24 servicemen who suffered in Russian detention,” said David Zionts, a partner in Covington’s Washington office and counsel for Ukraine. “As the world is seeing today, accountability for Russia’s violations of international law has never been more important.”
In addition to Ms. Cheek and Mr. Zionts, the Covington team is led by partners Jonathan Gimblett and Nikhil Gore, Professor Alfred H.A. Soons of Utrecht University School of Law, and Professor Jean-Marc Thouvenin of Paris-Nanterere University. Other Covington attorneys on the team are associates George M. Mackie, Amanda Tuninetti, Jill Warnock, and special legal consultant Volodymyr Shkilevych. Ms. Oksana Zolotaryova, Head of the International Law Department, Ministry of Foreign Affairs of Ukraine, serves as agent.
Covington also represents the Government of Ukraine in public international law disputes against the Russian Federation before the International Court of Justice, and a separate dispute before an arbitral tribunal constituted under the UN Convention on the Law of the Sea. Covington recently secured an important victory for Ukraine in Allegations of Genocide (Ukraine v. Russian Federation) before the International Court of Justice, where the Court indicated provisional measures and ordered the Russian Federation to “immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine.”
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