The court of Sweden rejected the appeal of «Gazprom» in a dispute with Naftogaz
Moscow-Live.ru / Akishin Vyacheslav
The district court of Svea in Sweden rejected the appeal of «Gazprom» in the arbitration decision in dispute with Naftogaz. As stated in the decree, which is quoted by RIA «Novosti», the Russian company denied her request for the partial annulment of the arbitral award. Cancel or appeal against the decision of the court impossible.
Decisions on two other disputes between «Gazprom» and «Naftogaz» will be delivered in 2020. «A complete victory! Ukraine wins again!» — wrote on Facebook the Executive Director of «Naftogaz of Ukraine» Yuriy Vitrenko. He also noted that the rejection of the appeal of «Gazprom» became one more proof that the requirements of «Naftogaz» are not «absurd», and the decision of the Stockholm arbitration «you just need to execute».
As stated in the judgment, placed at the disposal of the correspondent of TASS, «Gazprom» obliged to pay «Naftogaz of Ukraine» in the amount of €1021774,26 and 1650000 hryvnia, of which €1 million account for legal fees. The Russian company will also pay interest on both amounts, for the period since the date of the decision of the court of Appeal until the date of actual payment.
«Gazprom» appealed to the district court, the Svea decision of the Stockholm arbitration on the dispute with Naftogaz on a contract for the supply of gas, delivered in December 2017. Then the arbitration has obliged the Ukrainian company to pay Russian two billion dollars for gas already delivered, but reduced the annual contract volume of purchases from 52 to five billion cubic meters and left a condition «take or pay» only 80 percent of this amount. «Gazprom» insisted on the abolition of the two paragraphs of this decision, arguing that the Tribunal exceeded its powers when assessing the requests of the parties in respect of the annual contract volume of gas. However, the court identified procedural irregularities in the arbitration decision.
Proceedings of «Gazprom» and «Naftogaz» on contracts for the transit and supply of gas to Ukraine lasted from 2014. In February 2018, the Stockholm arbitration ordered the Russian company to pay the Ukrainian side about $ 2.5 billion for failure to supply gas for transit.
In the summer of 2018 «Naftogaz» began a process of forced collection of this amount from «Gazprom» through the seizure of assets of Russian holding company in Switzerland, the UK and the Netherlands. In January 2019, the court of the Swiss Canton Zug has cancelled the decision on imposing in Switzerland interim measures for the shares of Gazprom in Nord Stream AG Nord Stream AG 2. According to Vitrenko, the company Nord Stream AG Nord Stream AG 2 has previously notified the bailiff that they could not execute the court decision on the freezing (arrest) of shares that belong to «Gazprom», since shares are issued in certificated form and they have no such shares.
In «Naftogaz» also said that the Ukrainian side expects the decision of the court of Texas, where the company requires the defendants to disclose information on foreign assets of «Gazprom». Earlier, a similar requirement has already satisfied the Federal court in new York ordered the GLAS company Americas, Deutsche Bank Trust Company Americas and Bank of New York to provide such data.