Odfjell SE (Norway) v OAO PO Sevmash (Russia) No VAS-4369-11
A panel of Judges of the Highest Arbitrazh Court of the Russian Federation comprised of Presiding Judge: T.N. Neshatayeva, Judges: S.B.Nikiforov and S.V. Sarbash, examined in a court hearing an unnumbered application of the open joint-stock company Production Association Northern Machine-Building Enterprise (58 Arkhangelskoye sh., Severodvinsk, Arkhangelsk Region; mailing address: 40/3 ul. Bolshaya Ordynka, 2rd Floor, Egorov, Puginsky, Afanasyev and Partners Attorneys at Law, c/o Zvetkov V.A.; hereinafter – the Enterprise) of 24 March 2011 for the supervisory review of the ruling of the Arbitrazh Court of the Arkhangelsk Region of 10 December 2010, rendered in Case No. A05-10560/2010, and the resolution of the Federal Arbitrazh Court for the North-Western District of 10 March 2011, rendered in the same case, upon the application of the company Odfjell SE (Conrad Mohrs v. 29, N-5032 Minde Norway (P.O. Box 6101 Postterminalen 5892 Bergen, Norway); mailing address: 1/3A Malaya Konyushennaya Street, Saint Petersburg, 161186, House of Sweden, office of Mannheimer Swartling; hereinafter – the Company) for the recognition and enforcement of an award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce on 30 December 2009 in Case No. V(032/2008) (hereinafter – the SCC Arbitral Award), ordering the Enterprise to pay to the Company USD 43,760,000 in damages resulting from the termination of the following contracts: of 5 November 2004 for the hulls Nos. 98087, 98088, 98089 and 98090; of 5 November 2004 for the hulls Nos. 98091, 98092, 98093 and 98094; of 31 March 2006 for the hulls Nos. 98098, 98099, 98100 and 98101, along with interest on this amount, calculated on the basis of the reference rate of the Swedish Central Bank Riksbank plus 8 percent, starting from the date of the rendering of the SCC Arbitral Award and until the actual payment; EUR 175,750 of arbitration costs, and interest on this amount, calculated on the basis of the reference rate of the Swedish Central Bank Riksbank plus 8 percent, starting from the date of the rendering of the SCC Arbitral Award and until the actual payment; EUR 1,313,888 for compensation of legal and other expenses incurred in the arbitration, and interest on this sum, calculated on the basis of the reference rate of the Swedish Central Bank Riksbank plus 8 percent, starting from the date of the rendering of the SCC Arbitral Award and until the actual payment.