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24Nov/100

Final point in RosUkrEnergo v. Naftogaz Ukrainy case

On November 24, 2010 the Supreme Court of Ukraine adopted its final ruling on RosUkrEnergo v. Naftogaz Ukrainy JSC case. The Court supported the position of the court of first instance and the appeal court. As we informed in our previous posts that after the arbitral tribunal had issued its award in favor of RosUkrEnergo, the respective motion on its enforcement was filed to the Ukrainian court. The court of first instance satisfied the motion, however its ruling was appealed.

Now, after the cassation instance ruled about the enforcement, there is a chance to challenge the court ruling on the grounds of new circumstances revealed or on the extraordinary grounds. The chance is rather theoretical.

According to the Ukrainian law the ruling of the court has to be enforced by the state enforcement agency. Actually at the stage of enforcement there are also formal opportunities to suspend the process and make it harder for the claimant to obtain the satisfaction.

Posted by International Arbitration Team

logo Final point in RosUkrEnergo v. Naftogaz Ukrainy case

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