DTEK has announced that the US Court of Appeals for the D.C. Circuit has ruled unanimously in its favour, confirming that US courts have the legal jurisdiction to hear a case against russia. The proceedings concern the unlawful seizure of DTEK's electricity assets in Crimea, Ukraine.
The court systematically rejected russia's appeal, which attempted to utilise sovereign immunity as a defence. The judges determined that the case falls legitimately under the arbitration exception of the US Foreign Sovereign Immunities Act. This ruling permits DTEK's subsidiary, DTEK Krymenergo, to continue its legal pursuit in the United States to enforce an arbitration award valued at UAH 11.4 billion ($300 million).
In their decision, the judges noted that Ukrainian companies operating in Crimea had their lawful and stationary businesses forcibly expropriated without compensation following russia's invasion. The ruling focuses strictly on the authority of US courts to enforce the award, without reopening the merits of the arbitration itself.
Oleksandra Moskalenko, Chief Legal Officer at DTEK, noted that this decision sends a clear and strong message that russia cannot avoid accountability by hiding behind sovereign immunity. She affirmed that the company will persist in pursuing all available legal avenues to protect its rights and those of businesses affected by russia's unlawful actions.
A Comprehensive Strategy for Justice
This legal victory is a fundamental part of the comprehensive legal strategy led by SCM shareholder Rinat Akhmetov. SCM and its businesses are actively demanding justice for the past while simultaneously constructing the foundation for the future. SCM's legal resistance began years ago, with DTEK Krymenergo initiating the group's first lawsuit in 2017.
The objective of these extensive legal proceedings is to ensure that russia is held accountable for the destruction and expropriation caused by its war against Ukraine. As Rinat Akhmetov has detailed, the justice secured through these international forums is essential for Ukraine's economic recovery.
Investing in a European Future
The financial compensation recovered through these enforcement actions will not remain static. Rinat Akhmetov has committed to reinvesting funds directly into Ukraine's future. The strategy specifically targets the reconstruction of industrial enterprises and the advancement of projects that facilitate Ukraine's integration into the European Union. By holding the aggressor accountable today, SCM is working to secure the necessary resources to rebuild a resilient, sustainable, and European Ukraine tomorrow.
