Ukraine demands from “Gazprom” in court for more than $ 16 billion. “Gazprom” in response he said that his claims even further, only for penalties take-or-pay amount “astronomical” . Experts estimate that up to $ 40 billion. The sympathies of the Stockholm arbitration will be on the side of Ukraine, experts warn. However, we can not say that Kiev will clear winner in this dispute.
Ukrainian “Naftogaz” has filed a new Stockholm Arbitration Court lawsuit against “Gazprom”. This is an attempt to challenge the transit agreement, which “Naftogaz” consider unfair and receive compensation for not doing enough in terms of Kiev, transit through the territory of Ukraine.
The requirements for a new suit of $ 10 billion. Given that Stockholm is already considered similar claims of “Naftogaz” to “Gazprom”, the total is $ 16 billion.
The first lawsuit “Naftogaz” has filed in October 2014, in It asks the plaintiff to oblige the “Gazprom” $ 3.2 billion to compensate for the decline in transit and $ 3 billion for a low flat rate. Also, “Naftogaz” demands to recognize that the transit tariff in the contract “should be amended in such a way as will be described in further written statements” Naftogaz “, in accordance with the basic principles of the Swedish contract law.”
Ukrainian Prime Minister Yatsenyuk 1 May wrote on his page to Facebook, that within six months after the first access to arbitration for transit contract “leading international experts and lawyers have carried out a considerable amount of work to clearly prove that transit contract is unfair to the Ukraine. ” Moreover, according to Yatsenyuk, the total amount of claims even exceed $ 16 billion.
«Gazprom», in response, said that the amount of counter-claims to “Naftogaz” even higher.
This is a representative monopoly Sergei Kupriyanov told Tass, but did not specify numbers.
In the “Gazprom”, “Gazeta.ru” explained that we are talking about Claims on non-fulfillment of contractual obligations by Ukraine, fines and penyah.
«Only take-or-pay astronomical amount,” – said “Gazety.Ru»
The principle of take-or-pay («take or pay”) implies that the consumer must buy a certain portion of the contracted gas regardless of the of whether in fact these volumes or anyway pay the cost. By the way, this trade practices included in the list of claims to “Gazprom” with the European Commission. The EC considers the use of take-or-pay as an abuse of a dominant position in the market.
With regard to Ukraine, “Gazprom” has promised to penalties in the second quarter of take-or-pay was not required. In total since 2010, as stated, the Russian monopoly, penalties for arrears of gas amounted to $ 11.388 billion.
However, the evaluation Deputy National Energy Security Fund Alexei Grivach, the sum is much greater and may amount to almost $ 40 billion.
«In 2009-2011 were concluded agreements on not resorting to levying fines on take-or-pay, but in the period from 2012 to 2014 inclusive Kiev nedokachannyh about 60 billion cubic meters of gas – says Grivach. – Here penalties have amounted to $ 27 billion. ”
In addition, “Gazprom” demands from Ukraine to compensate for the loss of previously granted discount (so-called Kharkiv agreements). The Russian monopoly has reduced the price of $ 100 per 1 thousand. Cubic meters, in exchange for the fact that Ukraine has extended the 2017 agreement on the deployment of the Black Sea Fleet in Sevastopol. After the Crimea passed to Russia, the discount was useless, “Gazprom” is actually lost money. According to Alexei Grivach, it’s $ 11.4 billion.
director of energy direction of the Institute of Energy and Finance Alexei Gromov said that the sympathies of the Stockholm arbitration for political reasons would be on the side Ukraine.
However, we can not say that she was assured of victory in the case. Market experts said earlier that “transit” claims Ukraine does not have adverse consequences, as in the relevant contract “Gazprom” does not stipulate any penalties in case of non-fulfillment of obligations by the Russian monopoly gas transportation (the company is to supply through Ukraine at least 110 billion cubic meters . m per year). Therefore, it is unclear under what formula calculates the amount of claims Kyiv. As for the cost of transit services, there is the price of transit directly linked to the price of the gas itself, and Ukraine is trying to raise the price of transportation, thus requiring the “Gazprom” gas price reduction.
«The contract, signed in Kiev in 2009, was published, he could read any, and there are no openly discriminatory conditions – indicates Gromov. – The only thing questionable location – linking the gas price to the price of oil products on the Italian market, one of the most expensive in Europe. That is certainly Ukraine should pay more than the country – regional neighbors. ” Nevertheless, the contract was signed, the expert emphasizes. “Gazprom” no one made, “- he said.
«We believe that the claim will still grow on both sides, like an avalanche, – experts warn. – But the court in Stockholm – it is a long, according to our estimates, it will be completed no earlier than 2016-2017 years ».
« Gazprom »also said earlier that it is not waiting for the decision of the Stockholm arbitration before 2017 . 
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