National joint-stock company Naftogaz Ukrainy has said that Gazprom’s statement of June 28 that the Svea Court of Appeal maintained its previous decision to suspend of enforcement of the Transit Award dated February 28, 2018, in the arbitration between Naftogaz and Gazprom is consequently wrong.
“The Svea Court of Appeal has today [June 28] decided to amend its previous decision on suspension of enforcement of the Transit Award in the arbitration between Naftogaz and Gazprom. Gazprom’s statement of today that the court maintained its previous decision is consequently wrong,” the press service of Naftogaz reported on June 28.
The company said that June 28’s decision effectively means that the court has rejected Gazprom’s allegation that the Administrative Secretary of the Court wrote a large part of the reasons of the Award.
However, Naftogaz said that the court maintained the temporary suspension of enforcement of Naftogaz’s monetary claim based on other grounds that had not been pleaded and to which Naftogaz had not been given an opportunity to respond.
“Naftogaz intends to make a further submission shortly, rebutting these grounds, and seeking reversal of the latest decision by the court,” the press service said.
The present decision is not binding on courts in other jurisdictions. Naftogaz will consequently proceed with its enforcement action in other jurisdictions.
Gazprom reported on June 28 that Sweden’s Svea Court of Appeal has upheld the court’s June 13 ruling that suspended enforced recovery actions under the February 28 ruling in Stockholm arbitration court concerning the gas transit contract dispute between Gazprom and Naftogaz Ukrainy.
“Naftogaz Ukrainy tried to appeal this court order, but the court ruled that its arguments were insufficient. This circumstance strengthens Gazprom’s position in appealing attempts by Naftogaz Ukrainy for enforced recover under the aforementioned arbitration ruling in various countries,” it said.
