Maxim Kulkov to RBC on the transfer of Tatneft’s claim against Ukraine to the Commercial court of Stavropol Krai: it is likely that the judge decided that Ukraine’s cultural centre in Moscow cannot be recovered
Tatneft’s US$144 million claim against Ukraine has been transferred to the Commercial court of Stavropol Krai
According to RBC’s correspondent inside the courtroom, the Commercial Court of Moscow has ruled to transfer Tatneft’s US$144 million (US$112 million plus interest) claim against Ukraine on compensation recovery in the case of Ukrtatnafta to the Commercial court of Stavropol Krai.
“We have not seen the rationale, but most likely it means that the judge decided that the Ukraine’s cultural centre in Moscow cannot be recovered, whereas Ukraine has property in the Stavropol Krai, i.e., a sanatorium, so the judge decided that the issue of the sanatorium should be left to a Stavropol court’s discretion,” — Maxim Kulkov, the Managing Partner of KK&P, which represents the interests of Ukraine, told RBC.
Tatneft filed a claim against Ukraine after losing its stake in Ukrtatnafta in 2007. In 2014, the court granted the Russian company’s claim and obliged the Ukrainian party to pay a US$144 million in compensation. The Ukrainian side tried to appeal the decision but the court rejected the appeal. In December 2017, the Ukrainian Interior Minister Arsen Avakov proposed sanctions against Tatneft.
In this PJSC Tatneft v Ukraine dispute, which has been going on for over a decade, KK&P represents the interests of Ukraine in Russia (meanwhile, worldwide, including in cases in Paris, Washington and London, Ukraine is represented by Winston & Strawn, the international law firm). In this dispute, listed among the 8 largest disputes of 2017, Tatneft is trying to have the investment arbitration award made in its favour four years ago recognised and enforced. The firm’s team of lawyers is led by Maxim Kulkov, KK&P Managing Partner, and Oleg Kolotilov, a partner at the firm.