ARCTIC SUNRISE ARBITRATION (NETHERLANDS V. RUSSIA)
THE HAGUE, 24 AUGUST 2015
Arbitral Tribunal Renders Award on the Merits
The Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea
(the “Convention”) in the matter of the Arctic Sunrise Arbitration has rendered its Award on the
Merits (“Award”) in respect of the dispute between the Netherlands and Russia concerning the
boarding, seizure, and detention by Russia of the Arctic Sunrise, a vessel flying the Dutch flag, in
Russia’s exclusive economic zone (“EEZ”) on 19 September 2013, and the subsequent measures
taken by Russia against the Arctic Sunrise and the thirty persons on board the vessel (“Arctic 30”).
Overview
The arbitration concerns the boarding, seizure, and detention by Russia of the Arctic Sunrise, a vessel
flying the Dutch flag, on 19 September 2013, within Russia’s EEZ, and the subsequent measures taken
by Russia against the Arctic Sunrise and the Arctic 30.
In the morning of 18 September 2013, Greenpeace International, the charterer and operator of the
Arctic Sunrise, used the vessel to stage a protest action at the Russian offshore oil production platform
Prirazlomnaya, located in the Barents Sea in Russia’s EEZ.
The Arctic Sunrise had on board
30 persons of 19 nationalities. At dawn, Greenpeace informed Gazprom Neft Shelf LLC, the platform
operator, of the forthcoming protest. Immediately thereafter, the Arctic Sunrise launched five
inflatable boats, which approached the platform, allowing two campaigners to scale its side. Their
climb was hampered by the platform’s water cannons and the efforts of two inflatables launched from
a Russian Coast Guard vessel―the Ladoga. Toward 6 a.m., the two climbers were forced to descend
and were taken on board the Ladoga, while the Arctic
Sunrise’s five inflatables returned to the ship. In
the following hours, the Ladoga issued repeated orders to the Arctic Sunrise to stop and allow an
investigation on board, while the Arctic Sunrise undertook evasive manoeuvres and maintained that it
had no obligation under international law to follow the Ladoga’s orders.
The Netherlands’ Claims
In the arbitration, the Netherlands requested that the Tribunal find that Russia violated the Convention
and/or customary international law by:
- establishing a three-mile “safety” zone around the Prirazlomnaya;
- taking the measures described above against the Arctic Sunrise and the Arctic 30 without
the Netherlands’s prior consent;
- failing to comply fully with the ITLOS Order; and
- failing to pay deposits in this arbitration.
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