Summary

The Dispute

(4) On 19 January 2009, the Parties entered into Contract No. KP for the purchase and sale of natural gas for the period 2009-2019, the "Gas Sales Contract" or the "Contract", and into Contract No. TKGU on volumes and terms of transit of natural gas through the territory of Ukraine for the period 2009-2019, the "Gas Transit Contract" or the "Transit Contract". Both Contracts are now under dispute. The disputes are handled in separate arbitration proceedings ("The Sales Arbitration" and "The Transit Arbitration") but by the same Tribunal. The present Arbitration deals with the Gas Sales Contract. The Parties are in dispute about the price of gas under the Contract and about the validity of various clauses in the Contract. With regard to the price of gas, Naftogaz claims an adjustment of the price provisions of the Contract and determination of the price payable under the Contract. Naftogaz also claims that the volume and Take or Pay provision, the destination clause, the unilateral suspension right clause and the mandatory sales clause of the Contract should be declared invalid or ineffective and that the volume and Take or Pay provisions and the unilateral suspension right clause should be replaced. Naftogaz claims repayment, alternatively damages plus interest. Gazprom denies that Naftogaz is entitled to the relief sought and requests that Naftogaz' claims be rejected in their entirety. In its counterclaim, Gazprom claims payment of outstanding amounts due for gas delivered to Naftogaz and for gas accessible to Naftogaz but not off-taken by Naftogaz under the Contract, plus interest. Naftogaz requests the rejection of the relief sought by Gazprom in its counterclaim.

On OGEL:

• Public Joint Stock Company Gazprom v National Joint Stock Company Naftogaz of Ukraine - Challenge of arbitral award rendered in Stockholm on 31 May 2017 and corrected on 9 August 2017 - SVEA Court Of Appeal Judgment Case No T 10191-17 - English and Swedish - 27 November 2019
• Svea hovrätt Press Release: Arbitral award in a dispute regarding supply of natural gas remains unchanged (Gazprom - Naftogaz) - T 10191-17 - 27 November 2019
• National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom - SCC Arbitration no V2014-129 - Final Award (Transit Award, Redacted) - 28 February 2018
• National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom - SCC Arbitration no V2014-078-080 - Final Award Gas Sales Arbitration (Redacted) - 22 December 2017
• National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom - SCC Arbitration no V2014-078-080 - Separate Award Gas Sales Arbitration (Redacted) - 31 May 2017

On TDM:

• Public Joint Stock Company Gazprom v National Joint Stock Company Naftogaz of Ukraine - Challenge of arbitral award rendered in Stockholm on 31 May 2017 and corrected on 9 August 2017 - SVEA Court Of Appeal Judgment Case No T 10191-17 - English and Swedish - 27 November 2019
• Svea hovrätt Press Release: Arbitral award in a dispute regarding supply of natural gas remains unchanged (Gazprom - Naftogaz) - T 10191-17 - 27 November 2019
• National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom - SCC Arbitration no V2014-129 - Final Award (Transit Award, Redacted) - 28 February 2018
• National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom - SCC Arbitration no V2014-078-080 - Final Award Gas Sales Arbitration (Redacted) - 22 December 2017
• National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom - SCC Arbitration no V2014-078-080 - Separate Award Gas Sales Arbitration (Redacted) - 31 May 2017