This marks the first public foreign judicial decision to recognize and grant enforcement order for this arbitration award against Gazprom within an individual state's jurisdiction.
Sergiy Koretskyy, CEO of NJSC Naftogaz of Ukraine, stated that the court's decision represents another practical milestone in recovering funds from the Russian monopolist. According to him, the company is moving forward consistently and working on enforcing the arbitration award across various jurisdictions. Naftogaz's interests in the Kazakh proceedings are represented by legal advisors from ADL Disputes and Wikborg Rein.
Background of the Gas Dispute
Under the 2019 gas transportation agreement, Naftogaz was responsible for organizing the transit of natural gas through Ukraine for Gazprom until the contract's expiration on January 1, 2025.
In May 2022, due to the actions of Russian occupying forces, gas transit through the "Sokhranivka" entry point became impossible. Despite this, the Ukrainian company continued to provide transit services through the "Sudzha" entry point. Nevertheless, Gazprom refused to pay the transportation organization fees in full, thereby violating its contractual obligations.
Timeline of the Legal Battle:
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September 2022: Naftogaz initiated arbitration proceedings in Switzerland in accordance with the Rules of the International Chamber of Commerce (ICC).
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June 2025: The arbitral tribunal seated in Switzerland issued its Final Award, finding Russia's Gazprom fully liable for failing to meet its obligations and ruling that there were no valid grounds for non-payment. The tribunal ordered Gazprom to pay the outstanding balance for transit organization services, plus interest and arbitration costs.
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January 2026: The Federal Supreme Court of Switzerland rejected Gazprom's appeal, definitively confirming the validity of the award.
Since the Russian side has refused to voluntarily fulfill its obligations, Naftogaz has launched an international asset recovery campaign to seize the debtor's assets across various countries, with Kazakhstan being the first to grant enforcement.
