Analysts assessed the prospects for a dispute between Gazprom and Uniper

MOSCOW, 14 Sep — PRIME. Litigation by Uniper and Gazprom related to the suspension of Russian gas supplies via Nord Stream is not ruled out, the process may drag on for several years, while it is too early to talk about the results of the consideration, experts from the Center for Strategic Research (CSR) interviewed by RIA Novosti believe.

Reuters reported the day before that the German gas importing company is considering filing a claim against Gazprom for damages in the Stockholm Arbitration Court.

The publication noted that Uniper was forced to purchase gas at an increased price from other suppliers after Gazprom first reduced and then stopped supplies through the Nord Stream gas pipeline, citing force majeure. The German company recorded a loss of 12.3 billion euros in the first half of 2022 and turned to the German government for support. According to the agency, the main reason for this, the company believes supply disruptions.

“Such arbitration is possible, and it will last a very, very long time (at least three years),” said Andrey Gusev, a resident of the CSR expert club.

“But the most important thing is that after that, in case of loss, the saga of challenging the decision and attempts at enforcement will begin, which will spill out of the sphere of international arbitration (arbitration) into the state courts of Sweden and other countries. This second part of the dispute may drag on for ten years. “, he added.

It is very difficult to predict the results of the consideration of the Uniper claim today due to the lack of information about the actual circumstances of the case, says Maxim Bashkatov, head of the Legal Development department of the CSR.

He explained that if the arbitration decides in favor of Uniper, then recognition and enforcement in Russia would most likely be blocked by a Russian court. However, the applicant may apply to other jurisdictions where Gazprom has assets. In the event that the Russian company does not voluntarily satisfy the requirements, such property may be seized, the source added.

“The assessment of specific economic losses will depend on the amount that the arbitration determines in its decision. It may well turn out that, compared to the declared “billions of euros”, the arbitration will award only an insignificant part,” he concluded.