Latest News

What's at stake with Uniper's $14 bln arbitration success?

Uniper this week won a $14 billion arbitration versus Gazprom about suspended gas deliveries given that 2022, a success for the German utility that was bailed out throughout Europe's energy crisis after the Russian firm business stopped materials.

Below are some of the most important questions on the legal ramifications following the ruling, which was made by an arbitration tribunal in Stockholm on June 7.

WHAT HELD TRUE ABOUT?

For years, Russia provided Germany dependably with gas. This concerned an abrupt halt in 2022 following Moscow's intrusion of Ukraine, when Gazprom initially cut and later on suspended shipments to Uniper, till then the main European recipient of deliveries.

To honour its supply contracts, Uniper bought volumes on the area market, where Russia's transfer to cut deliveries had triggered costs to increase.

As a result, Uniper nearly collapsed due to the high costs to purchase replacement volumes, causing Berlin to nationalise the energy to safeguard supply of gas to Europe's most significant economy.

Uniper subsequently released arbitration before a Stockholm tribunal at the end of 2022, blaming Gazprom for its losses.

Gazprom said it needed to cut materials due to faulty gas turbines and sabotage of the now defunct Nord Stream pipeline.

WHAT'S THE VERDICT?

Uniper stated the tribunal ruled in accordance with Swiss law and that the choice was legally binding and last, including that a dispute resolution via arbitration was contractually agreed and had been utilized by both sides in the past.

While the verdict is not public, Uniper said the choice awarded it a title to claim damages worth more than 13 billion euros ($ 14 billion) from Gazprom.

It also made it possible for the German company, more than 99% now owned by the German government, to cancel 250 terawatt hours of inactive gas contracts with Gazprom, a few of which go to the mid-2030s.

This, sources have said, has gotten rid of a major investor risk ahead of a Uniper's planned go back to the stock exchange in 2025.

WILL UNIPER GET THE MONEY FROM GAZPROM?

That's rather not likely.

Gazprom, by means of its exporting arm, effectively challenged the case in a St Petersburg court, which ruled in March that Uniper and a subsidiary would be fined 14.3 billion euros must they continue with the arbitration.

Gazprom has up until now not replied to an ask for comment on this week's judgment.

One possibility could be to seize any Gazprom assets outside Russia, offered the verdict is acknowledged in all jurisdictions.

One source said Gazprom had no significant foreign properties that might be taken after dumping its German department in 2022, which likewise needed to be nationalised as an outcome.

Gazprom's subsidiary, called Gazprom International, oversees possessions in so-called friendly countries, which have not presented sanctions against Russia over the war in Ukraine.

Those properties are located in Uzbekistan, Vietnam, Algeria, Libya, Bolivia and Bangladesh.

Even if Uniper were to get any cash, it would go straight to the German government as its primary owner.

CAN UNIPER TAKE PAYMENTS TO GAZPROM?

Technically yes. However just in nations that acknowledge the arbitration tribunal's choice, which would potentially put Germany at chances with its European partners.

Previous titles granted from other courts currently allowed Uniper to work out claims against Gazprom's Austrian department, triggering that business to file for insolvency last year.

The threat is that if Gazprom does not pay Uniper these damages, buyers who are still receiving Russian gas might be required to reroute payments due to Gazprom to Uniper rather, ING experts said in a note.

Austria's OMV, which still gets most of its gas from Gazprom, in late May stated supplies from the Russian group might be suspended in connection with a foreign court judgment, that, if implemented, would require it to make payments to a significant European energy company it did not determine.

A person acquainted with the matter said the company in concern is Uniper.

Some other European states have actually already acted to prevent this.

Hungary, which likewise gets most of its gas from Russia, last month provided a decree efficiently avoiding that payments made by state-owned energy conglomerate MVM to Gazprom can be taken, arguing it would put the nation's energy supply at danger.

(source: Reuters)