“This is a bad sign for us” – Ukrainian lawyers on the suspension of the Stockholm arbitration decision
Ukrainian lawyers and experts are concerned decision of the appellate court, which provides grounds for suspending the execution of the Stockholm Arbitration decision, which deprives NJSC Naftogaz of Ukraine of grounds for attempts to seize Gazprom’s assets abroad.
About it пишет Kiev online newspaper “Strana”.
Thus, senior partner of the law firm “Ilyashev and Partners” Roman Marchenko noted that the decision of the Stockholm arbitration is final, but according to the New York Convention on the Enforcement of Arbitral Awards, there are several exceptions to the general rule, for example, the execution of the decision in an improper way or arbitration judges going beyond their competence.
“This is a fairly rare case when an appellate court suspends an arbitration award. In a sense, this is a bad sign for us - it means that Gazprom’s evidence has become a really compelling argument for the judges,” said Marchenko, who himself has acted as an arbitrator in international arbitrations more than once.
According to him, additional independent linguistic examinations will be carried out, and if it turns out that the decision was not actually written by the arbitration judges, it may well be declared invalid and cancelled.
“This is not the Pechersk court. There are no guarantees of success for us. Everything will depend on the arguments and eloquence of the lawyers and the mood of the servants of Themis,” said energy market expert Valentin Zemlyansky, in turn.
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