News

14 June 2018

Gazprom Has Achieved the Suspension on the Enforcement of Stockholm Arbitration Decision on Transit Contract with “Naftogaz of Ukraine”

On June 13, the Appeal court of Svea district (Sweden) has satisfied Gazprom’s claim, and has issued the award to suspend the enforcement of the Stockholm arbitration decision of February 28, 2018, with regard to the case between Gazprom and Naftogas on gas transit contract through Ukrainian territory.

Gazprom has filed this claim on 7th June, 2018, in connection with the appeal against the arbitration decision on transit contract, and in connection with Naftogas’ attempts to begin the compulsory enforcement of above decision in various jurisdictions even before the claim is considered on the merits.

The Appeal court has agreed that there are enough reasons to suspend the enforcement of the Stockholm arbitration decision. In particular, this award deprives Naftogas of any reasons to attempt arresting Gazprom’s assets abroad. Gazprom will use this circumstance while appealing against actions of court bailiffs in Switzerland and the Netherlands.

According to the Swedish Arbitration Act, the decision of the Appeal Court cannot be appealed.

Gazprom will further defend its rights in accordance with the applicable legislation.

 

Background

On 28th February, 2018, the Stockholm arbitration has taken a final award on the case between Gazprom and Naftogas on the contract for gas transit through Ukrainian territory. 

Because of the  serious procedural defects committed by the arbitrators amid the proceedings, on 29th March, 2018, Gazprom filed to Appeal court of Svea district the claims to dispute and derogate the final award of February 28, 2018, regarding the gas transit contract. On 28th May, 2018 Gazprom filed to court the claim to fully cancel the arbitration award. 

In late May and early June 2018, it became known that “Naftogaz of Ukraine” had been undertaking the measures to compulsory enforce the award issued by Stockholm Arbitration within the gas transit contract dispute, in the jurisdiction of Switzerland and the Netherlands.

On 7th June 2018, Gazprom has filed a petition to the Swiss court, aimed at providing Gazprom with the full access to case documentation and subsequent appeal against actions of court bailiffs. A similar statement is planned to be sent to the Dutch court later on.

 

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