"Gazprom" did not agree with the decision of the Stockholm Arbitration in the case with "Naftogaz"

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MOSCOW, March 1. / TASS /. Gazprom did not agree with the decision of the Stockholm Arbitration in the transit case with Naftogaz, which is obliged to pay $ 2.56 billion to the Ukrainian company, and will defend its rights. This is stated in the statement of the Russian gas holding.

"Gazprom" disagrees with this decision of arbitration. Previously, the same arbitrators agreed with Naftogaz's arguments about the sharp deterioration in the state of the Ukrainian economy, which led to a decrease in demand for gas and non-fulfillment of Naftogaz's gas withdrawal obligations. However, with respect to Gazprom, referring to the reduction in purchases by European customers of the company as the main reason for the reduction of transit through Ukraine, this argument was not taken into account, "the statement said.

Gazprom notes that it will defend its rights in all ways available to it in accordance with applicable law.

At the same time, Gazprom reports that the Stockholm Arbitration rejected Naftogaz's demands for an increase in the tariff for gas transit and on the change in the contract in accordance with Ukrainian legislation.

"As a result of the arbitration, the arbitration court rejected Naftogaz's demands for an increase in the tariff for gas transit and on the amendment of the contract in accordance with Ukrainian law." The arbitration established that the provisions of neither European nor Ukrainian antimonopoly legislation are applicable to the contract, "the report says.

Gazprom believes that in view of the results of the two proceedings in the relations between Gazprom and Naftogaz for supplies and transit, there has been a significant imbalance that violates the basic principles of Swedish law that govern the contract.

The court's decision

Of the claims claimed by Naftogaz in the amount of $ 17 billion, the arbitrators satisfied the demands for $ 4.673 billion in connection with the supply of gas for its transit to European consumers in a smaller volume than was provided for in the contract. Taking into account the amounts previously awarded in favor of Gazprom under the supply contract, the arbitrators offset the counter claims, following which Gazprom is obliged to pay Naftogaz $ 2.56 billion.

At the end of December 2017, the Stockholm arbitration, which considered the dispute between Gazprom and Naftogaz because of the contract for the supply of gas to Ukraine, obliged Naftogaz to pay Gazprom $ 2 billion for the gas already supplied in 2014-2015 and lowered the annual the volume of purchases under the contract with 52 billion cubic meters. m to 5 billion cubic meters. m. The condition "take or pay" the court retained for 80% of this volume, that is, not less than 4 billion cubic meters. m per year before the expiration of the contract at the end of 2019. Ukraine stopped buying gas from Russia in November 2015 and switched to supplies from Europe.

As stated in January this year, the head of Naftogaz, Andrei Kobolev, the company is ready to buy gas from Gazprom and considers its price attractive. It is planned to resume purchases in the first quarter of 2018.

The dispute between Gazprom and Naftogaz

The current contract for the supply of gas to Ukraine was signed by Gazprom and Naftogaz in January 2009 and is calculated until December 31, 2019. Under the agreement, the volume of supplies was to be 40 billion cubic meters. m of gas in 2009, and starting from 2010 - 52 billion cubic meters. m annually. However, since 2012, Naftogaz has ceased to fully choose the contracted volume, and since November 2015, Kiev does not buy Russian gas at all, replacing it with reverse gas from Europe.

In 2014, Gazprom and Naftogaz filed lawsuits against each other in Stockholm arbitration. Ukraine wanted, including a retroactive price change, recovery of overpayment for gas and cancellation of the "take or pay" condition. Gazprom also demanded to pay arrears for already delivered gas, compensation for the volume and fines for the delay in payment, which were not selected since 2012. Gazprom's demands for Naftogaz amounted to more than $ 37 billion.

The Stockholm arbitration has satisfied the requirements of the companies only partially. So, the court ordered Naftogaz to pay Gazprom $ 2 billion for the deliveries, but reduced the annual contractual volume of purchases to 5 billion cubic meters. m. At the same time, the "take or pay" condition was preserved for 80% of this volume. This condition will be effective only in 2018.

The court also rejected most of Naftogaz's claims to Gazprom overpaying for gas - only the price of gas received by the Ukrainian company in the second quarter of 2014 (from $ 485 to $ 352 per 1,000 cubic meters) was reduced. Although Naftogaz counted on retroactive price changes starting in May 2011.

The Ukrainian side stated that settlements with Gazprom would be held after the arbitration of the transit.

Link: http://tass.ru/ekonomika/4997047