Naftogaz will order legal services for trial against Slovakia for €15 million

Naftogaz of Ukraine NJSC has announced a tender for the order of the legal consulting and representation services in the court case against the Slovak Republic and the Italia Ukraina Gas Company with an expected cost of €15 million, or UAH 499.5 million. This is reported in the ProZorro system on October 30.

According to the report, the scope of the legal services purchased is 36 thousand hours. The main task of the procurement is the study of the possibility of initiating investment arbitration proceedings against Slovakia regarding the actions of its representatives on the execution of the arbitration award made in favour of Italia Ukraina Gas, and representation of the Naftogaz interests in these proceedings.

Besides, the experience of the chief legal adviser in 2014-2019 gained in the successful representation of the plaintiff (Ukrainian investor), the defendant (Ukraine), or the plaintiff (foreign investor) against Ukraine in an investment arbitration proceedings considered under the Arbitration Rules of the UN Commission on International Trade Law (UNCITRAL) is required.

Law firms with at least two offices, one in the EU and the UK each, with full-time employees, who are included in the below 2019 ratings, are eligible to bid in the tender:

  •  Chambers and Partners in the Arbitration (International) in Global Wide category – not lower than Band 1-3;
  •  Who's Who Legal in the Dispute Resolution or International Arbitration category.
  •  Legal 500 in the International Arbitration category.

As previously reported, the Italia Ukraina Gas in 2008 accused Naftogaz of non-fulfilment of the gas supply contract dated 2003. In 2013, the Stockholm Arbitration Court ruled Naftogaz to fulfil the contract and supply the plaintiff 13.1 billion cubic meters of gas at 2003 prices ($110 per tcm).

Naftogaz was in this case represented by the law firm Eversheds Sutherland (International) LLP (UK), with a total cost of services of €2.63 million.

14:05 / 4 November, 2020

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