The court of the Astana International Financial Centre (AIFC) has overturned a decision that allowed the recognition and enforcement in Kazakhstan of an arbitral award against Russia's Gazprom in a lawsuit brought by Naftogaz of Ukraine. The amount in question was nearly $1.5 billion. This is stated in the court ruling, as reported by UNN.
"I set aside the order of Judge Spink. The parties have the right, within 14 days, to submit any written observations they deem necessary regarding court costs or other further procedural orders. I expect that the parties will be able to agree on the text of the relevant order, and in the absence of such agreement, I would be grateful for the submission of a draft,"
The case concerned the forced recovery of approximately $1.4 billion from Gazprom on the territory of Kazakhstan. In May, the court of the Astana International Financial Centre (AIFC) recognized the arbitral award and allowed its enforcement in the country in favour of the company.
The court explained its decision by stating that "the case concerned the question of whether the AIFC court had jurisdiction to recognize and enforce the arbitral award of the International Court of Arbitration of the International Chamber of Commerce."
After considering the arguments of both parties, the court concluded that the AIFC Constitutional Law does not grant the court the authority to enforce foreign arbitral awards that do not fall under the grounds of jurisdiction provided for in Article 13. As a result, the previously issued order for enforcement was set aside, since neither Article 13 nor Article 14 create sufficient legal grounds for the enforcement of this ICC award in the AIFC court,"
It is separately noted that during the initial decision, Judge Spink considered the case without the participation and prior notification of Gazprom, whereas during the review, the arguments of both parties were heard.
Kazakhstan has allowed Naftogaz to forcibly recover 1.4 billion from Gazprom20.05.26, 19:58
Addendum
According to the Agreement on the Organization of Natural Gas Transportation of 2019, Naftogaz was obliged to organize the transit of natural gas through the territory of Ukraine for Gazprom until the termination of the Agreement on January 1, 2025.
In May 2022, due to the actions of the Russian occupation forces, the organization of gas transit through the Sokhranivka entry point became impossible. Despite this, Naftogaz continued to provide the gas transit services stipulated by the Agreement through the Sudzha entry point. Despite this, Gazprom refused to pay in full the fee for organizing gas transportation, thereby violating its contractual obligations.
In September 2022, Naftogaz initiated arbitration proceedings in Switzerland in accordance with the Rules of the International Chamber of Commerce (ICC), as provided for in the Agreement.
In June 2025, the arbitral tribunal with its seat in Switzerland rendered a final decision, finding Gazprom fully liable for the non-fulfillment of its obligations and establishing the absence of any valid grounds for non-payment. The tribunal ordered Gazprom to pay the debt for gas transportation organization services, interest, and arbitration costs.
In January 2026, the Swiss Federal Tribunal dismissed Gazprom's appeal against the decision, finally confirming its validity.
Since Gazprom has not voluntarily fulfilled its obligations, Naftogaz is implementing an international campaign to recover the debtor's assets in various jurisdictions.
Recall
Naftogaz has finally won the case against Russia's Gazprom for $1.4 billion in the Swiss Supreme Court.