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Ukraine wins lawsuit under Gazprom's appeal against Stockholm arbitration ruling

Ukraine wins lawsuit under Gazprom's appeal against Stockholm arbitration ruling
27 of November 2019 г.
The Svea Court of Appeal in Sweden has dismissed an appeal filed by Russian monopoly Gazprom against a separate decision made by the Arbitration Institute of the Stockholm Chamber of Commerce in the May 31, 2017 case on a gas supply contract, Naftogaz Executive Director Yuriy Vitrenko has said.

"Total victory! Ukraine wins again! We have won an appeal under Gazprom's first complaint against a ruling of the Stockholm arbitration court," he wrote on his Facebook page - Ukrinform.

Naftogaz's press secretary, Aliona Osmolovska, told Ukrinform that the Swedish court had rejected Gazprom's appeal against a separate decision issued in Stockholm on May 31, 2017.

"The decision, among other things, completely abolished Gazprom's 'take or pay' requirements," she said.

The decision also cancels the ban on gas re-exports.

After four years of arbitration proceedings between Naftogaz and Gazprom under two contracts, the Arbitration Institute of the Stockholm Chamber of Commerce made two important decisions: the first one on December 22, 2017, on a "take or pay" gas supply contract and the second one on February 28, 2018, on a gas transit contract.

As a result of the two proceedings, Gazprom has to pay Naftogaz $2.56 billion, taking into account $2.1 billion that Naftogaz has already received in the form of natural gas supplied in 2014.

According to the Ukrainian company, on December 22, 2017, the Arbitration Institute of the Stockholm Chamber of Commerce issued a ruling in favor of Naftogaz in all disputable issues regarding the gas supply contract with Gazprom: pricing, "take or pay" clauses and the invalidation of other clauses that are unjustified and contradict the principles of competition.

In particular, the Arbitration Institute of the Stockholm Chamber of Commerce fully rejected Gazprom's retroactive claims for $56 billion under the "take or pay" clause (which imposes an obligation to pay for volumes of gas not used) for 2009-2017. At the same time, future mandatory annual gas purchases from Gazprom have been reduced from 42-52 billion cubic meters to 4-5 billion cubic meters, which meets the actual needs for gas imports.

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