The arbitral tribunal of the Permanent Court of Arbitration in The Hague, which is hearing the case of Ukraine v. Russia concerning the November 2018 detention of Ukrainian naval vessels and sailors in the Kerch Strait, has rejected Russia’s request to disqualify Judge James Kateka, whom Russia accused of alleged bias.
According to a press release, on May 6, 2025, the tribunal published its decision rejecting the Russian Federation’s challenge against Judge Kateka in the arbitration proceedings initiated by Ukraine.
The disqualification request was considered by a panel of three arbitrators, excluding Judge Kateka himself. The majority of the panel found no reason to doubt his impartiality, stating that his conduct did not violate arbitration standards. Two of the three arbitrators voted to dismiss the request, finding Russia’s arguments insufficient. The dissenting vote came from the Russian-appointed arbitrator Alexander Vylegzhanin, who submitted a separate opinion.
“The challenge against Judge Kateka was rejected by two votes to one. Judge Gudmundur Eiriksson and Sir Christopher Greenwood voted to dismiss the challenge, while Professor Alexander Vylegzhanin voted in favor of disqualification,” the statement reads.
Russia’s complaint was based on three grounds: Judge Kateka’s involvement in an international declaration concerning aggression against Ukraine, his activity on social media, and his participation in issuing provisional measures.
On November 25, 2018, near the coast of occupied Crimea, Russian border guards fired upon and seized three Ukrainian naval vessels, detaining 24 Ukrainian sailors. The servicemen were charged with illegally crossing Russia’s border — a charge that carries a sentence of up to six years in prison. Ukraine maintains that the incident violated the immunity of military vessels.
On May 25, 2019, the International Tribunal for the Law of the Sea ordered Russia to immediately release all detained sailors, allow them to return to Ukraine, and return the seized vessels.
