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| Газпром / Нафтогаз http://www.lawfirm.ru/forum/viewtopic.php?f=2&t=581344 |
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| Автор: | VMW [ 17 фев 2009 23:15 ] |
| Заголовок сообщения: | Газпром / Нафтогаз |
The Russian-Ukranian gas dispute has morphed into a complex set of arbitral claims at the Stockholm Chamber of Commerce - as many as six are in play - making it a potentially major instruction for one international firm. Russia's Gazprom and its intermediary in Ukraine, RozUkrEnergo, each launched proceedings against Ukraine's Naftogaz in mid January, at the height of the dispute that led to Russia cutting off gas flow to much of Europe. So far Gazprom has initiated only one proceeding, while RozUkrEnergo's dispute with Naftogaz has given rise to five separately filed claims and counterclaims, which may yet be consolidated. Gazprom - which provides gas to a fifth of Europe - wants Naftogaz to pay outstanding sums for gas supplied to Ukraine last year, under an agreement that expired on 31 December. The Russian company is also seeking damages for Naftogaz's alleged breaches of a 2002 transit agreement - allowing the Russian company to deliver gas to its European customers via Ukrainian pipelines. It accuses Naftogaz of unilaterally closing down parts of the pipe network and siphoning off gas intended for elsewhere. RozUkrEnergo, meanwhile, wants some US$500 million in late payment fines from Naftogaz for 2008 and the return of 10 billion cubic metres of gas that is being stored in underground tanks in Ukraine. Naftogaz claims to have purchased the gas from RosUkrEnergo at a bargain price, but the trader denies any sale took place. Other claims could still materialise, say sources close to the dispute. Gazprom could yet argue, for example, that Naftogaz should bear liability for any compensation it has to pay to European countries stemming from its decision to halt gas supplies. Bulgaria and Slovakia, the two worst hit countries, have already raised the issue of compensation - with Bulgaria proposing that it pays lower prices for gas in future. But Gazprom's CEO Alexander Medevev told the Bulgarian energy minister that "Ukraine is to blame for the cut off in gas deliveries". The office of President Viktor Yuschenko of Ukraine has also said that Naftogaz may be able to launch an arbitral challenge to the agreement signed by Tymoschenko, his political rival, and Russian prime minister Vladimir Putin on 13 January. The agreement supposedly ended the dispute by settling gas supply and transit terms and prices until 2019. However Yuschenko claims that the agreement was the result of "unscrupulous negotiations" and is clearly disadvantageous to Naftogaz. AR |
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