12:09 01.08.2013

Naftogaz signs agreement with White&Case to present interest in Swedish court

3 min read
Naftogaz signs agreement with White&Case to present interest in Swedish court

National joint-stock company Naftogaz Ukrainy on July 23, 2013 signed an agreement with White & Case LLP (New York, the United States) to represent Ukraine's interests at Svea Court of Appeals in a claims case by Italia Ukraina Gas S.p.a. (IUGAS, Italy), reads a report on the state procurement Web site.

A tender with one bidder was held. The value of the offer of White & Case is $250,000 (value added tax not included).

Under the agreement, White&Case is to draw up written applications to Svea Court of Appeals, protect and represent the interest of Naftogaz in the court and carry out other required actions in 2013.

Naftogaz Ukrainy noted that in 2008-2012, there was a hearing of the case on the non-fulfillment of the conditions of contract No. IUG 01 signed on December 24, 2003 to supply natural gas in 2004-2013 by the holding and IUGAS.

The Stockholm Arbitration Court on October 19, 2010 approved an interim ruling and on December 19, 2012 a final ruling on the claim of the Italian company.

On March 19, 2013, White & Case filed a counterclaim to Svea Court of Appeals to cancel the arbitral decision. In turn, IUGAS on June 12, 2013 sent its response to the counterclaim, and the court of appeals ruled that Naftogaz Ukrainy is obliged to present its response on July 25, 2013. If the holding does not present its response until the defined term, the court of appeals may not take into consideration the arguments of Naftogaz Ukrainy in future.

Due to the fact that the previous agreement signed by Naftogaz Ukrainy and W&C expired on April 30, 2013, the holding plans to sign another agreement with the law firm under a one-bidder procedure.

As reported, the Stockholm arbitration court did not order Naftogaz to fulfill a signed December 24, 2003 contract with IUGAS and supply it with 13.1 bcm of gas.

According to the press service of Naftogaz Ukrainy, the Stockholm arbitration court said that in the period until September 1, 2008, Naftogaz Ukrainy is not responsible for the non-fulfillment of supplies of natural gas, as IUGAS did not submit applications on the supply of gas.

The court merely ruled that the Ukrainian company had to pay fines to IUGAS of roughly $12.7 million, and other small amounts, thought the plaintiff was seeking several tens of times more money.

White & Case law firm also represented the interests of the State Environmental Investment Agency of Ukraine in the Hague Arbitration in a case under a claim of Naftrac Limited (Cyprus), which demanded to compensate some $185 million, and the interests of the State Committee for Land Resources of Ukraine in a case under a $450,000 claim of SF Swissphoto AG (Switzerland).

Naftogaz Ukrainy unites oil and gas production assets in Ukraine, and is the country's gas transit, underground gas storage, and oil pipeline transportation monopoly.

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