Arctic Sunrise Arbitration (Netherlands v. Russia), PCA Case No. 2014-02, Award on the Merits (August 14, 2015)
I. INTRODUCTION
1. The Kingdom of the Netherlands (“the Netherlands”) is the claimant in this arbitration. It is represented by Professor Dr. Liesbeth Lijnzaad, Legal Adviser of the Netherlands’ Ministry of Foreign Affairs, as Agent, and Professor Dr. René Lefeber, Deputy Legal Adviser of the Netherlands’ Ministry of Foreign Affairs, as Co-Agent.
2. The Russian Federation (“Russian Federation” or “Russia”) is the respondent. It has not appointed any agents, counsel, or other representatives.
3. The arbitration concerns measures taken by Russia against the Arctic Sunrise, a vessel flying the flag of the Netherlands, and the thirty persons on board that vessel (“Arctic 30”). On 18 September 2013, Greenpeace International (Stichting Greenpeace Council) (“Greenpeace International”), the charterer and operator of the Arctic Sunrise, used the vessel to stage a protest at the Russian offshore oil platform Prirazlomnaya (“Prirazlomnaya”), located in the Pechora Sea (the south-eastern part of the Barents Sea) within the exclusive economic zone (“EEZ”) of Russia. On 19 September 2013, in response to the protest, the Arctic Sunrise was boarded, seized, and detained by the Russian authorities. The vessel was subsequently towed to Murmansk (a northern Russian port city). The Arctic Sunrise was held in Murmansk despite requests from the Netherlands for its release. The Arctic 30 were initially arrested, charged with administrative and criminal offences, and held in custody. They were released on bail in late November 2013 and subsequently granted amnesty by decree of the Russian State Duma on 18 December 2013. The non-Russian nationals were permitted to leave Russia shortly thereafter. On 6 June 2014, the arrest of the Arctic Sunrise was lifted. The ship departed from Murmansk on 1 August 2014 and arrived in Amsterdam on 9 August 2014.