The Svea Court of Appeal has today decided to amend its previous decision on suspension of enforcement of the Transit Award in the arbitration between Naftogaz and Gazprom. Gazprom's statement of today that the court maintained its previous decision is consequently wrong.
Today's decision effectively means that the court has rejected Gazprom's allegation that the administrative Secretary of the Court wrote a large part of the reasons of the Award.
However, the court maintained the temporary suspension of enforcement of Naftogaz's monetary claim based on other grounds that had not been pleaded and to which Naftogaz had not been given an opportunity to respond. Naftogaz intends to make a further submission shortly, rebutting these grounds, and seeking reversal of the latest decision by the court.
The present decision is not binding on courts in other jurisdictions. Naftogaz will consequently proceed with its enforcement action in other jurisdictions.
NJSC Naftogaz of Ukraine