Russia has appointed former Chief Justice of India D.Y. Chandrachud as an arbitrator in a legal battle with Ukrainian state-owned Oschadbank [1].
The appointment places a high-profile former jurist at the center of a financial conflict stemming from the ongoing war. The outcome could influence how bilateral investment treaties are applied during active military conflicts.
The dispute involves a claim valued at hundreds of millions of dollars, specifically exceeding $100 million [2]. Oschadbank alleges it suffered the loss of assets and operations in the regions of Donetsk, Luhansk, Kherson, and Zaporizhzhia following Russian military actions [3].
Chandrachud will serve as part of a three-member tribunal [3]. This legal process is governed by the 1998 Ukraine-Russia bilateral investment treaty [3]. Under this framework, the tribunal is tasked with determining liability and compensation for the lost assets.
Russia sought an arbitrator to represent its interests in the treaty-based dispute [3]. The case focuses on the financial repercussions of the loss of banking infrastructure in the contested regions [3].
While the tribunal operates under the 1998 treaty, the geopolitical tension between the two nations complicates the arbitration process. The appointment of a former Indian judge suggests a preference for a neutral third-party legal expert to oversee the proceedings.
“Russia has appointed former Chief Justice of India D.Y. Chandrachud as an arbitrator”
This appointment highlights the continued use of pre-war legal frameworks to settle financial grievances despite the total breakdown of diplomatic relations between Moscow and Kyiv. By selecting a former head of the Indian judiciary, Russia is attempting to lend international legitimacy to its position in a dispute that intersects directly with the territorial control of Donetsk, Luhansk, Kherson, and Zaporizhzhia.
