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18Nov/100

RosUkrEnergo investigation commission of the Verkhovna Rada assumes that Naftogaz Ukrainy JSC lost the SCC case because of change of its legal position

On November 17, 2010 RosUkrEnergo investigation commission of the Verkhovna Rada presented draft report regarding the award of the arbitral tribunal under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

 The draft is subject to consideration of the core committee, thus it is not the final version yet. However, the draft contains assumptions and conclusions that may be interesting for our readers who follow the RosUkrEnergo case. After the arbitral tribunal had issued its awards of March 3, 2010 and June 8, 2010, they were recognized and permitted to be enforced according to the ruling of August 13, 2010 adopted by the Shevchenko District court of Kyiv. The ruling was then appealed. However, the Court of Appeal dismissed the appeal. As we may say the state officials and bodies pay great attention to the outcomes of the case, which already lead to criminal proceedings instituted against former officials of customs authorities.

 Actually the main conclusion of the investigation commission is that the case had been lost presumably because of 180 degree change of the legal position of the Naftogaz Ukrainy JSC with respect to the validity of certain agreements concluded on January 20, 2009, in particular, the Assignment Agreement signed by Gazprom JSC, Gazprom Export LLC and Naftogaz Ukrainy JSC. Moreover, as the draft states Naftogaz Ukrainy JSC amended its third pleading submission on August 28, 2009, and removed important arguments, that is references to the arrargements between the highest officials of Russia and Ukraine, and between Gazprom JSC and Naftogaz Ukrainy JSC. The reasons for that removal seem to be unclear for the investigation commission, which however discovered that they were made upon the request of Gazprom JSC.

 Posted by International Arbitration Team

logo RosUkrEnergo investigation commission of the Verkhovna Rada assumes that Naftogaz Ukrainy JSC lost the SCC case because of change of its legal position

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