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Decision: Pecherskyi District Court of the City of Kyiv Case No. 757/5777/15-ц (Ukrainian and English Versions) - European International Arbitration Review (EIAR) - Volume 4 - Issue 2

Author(s): 
Pecherskyi District Court of the City of Kyiv
Page Count: 
7 pages
Jurisdictions: 
Europe,
Ukraine
Practice Areas: 
Court Decisions

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Description: 

Originally from European International Arbitration Review

RULING

On 8 June 2015, the Pecherskyi District Court of the City of Kyiv composed of:

Presiding judge – Tsokol L.I.,

in the presence of the secretary – Mishchenko O.O.,

having considered in open court at the premises of the court in the City of Kyiv the application of JKX Oil & Gas Plc, Poltava Gas B.V., JV Poltava Petroleum Company against the State of Ukraine, represented by the Ministry of Justice of Ukraine on permission to enforce a foreign arbitral award dated 14 January 2015, rendered by the Emergency Arbitrator PERSON_3 under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, – 

FOUND THAT:
 
The Applicants JKX OIL & GAS PLC and POLTAVA GAS B.V. filed with the court an application on permission to enforce the Decision dated 14 January 2015, rendered by the Emergency Arbitrator PERSON_3 (PERSON_3) under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, seat of arbitration Stockholm, Sweden, in Arbitration No. ЕА/2015/002 under the claim of JKX Oil & Gas Plc, Poltava Gas B.V., JV Poltava Petroleum Company against the State of Ukraine, represented by the Ministry of Justice of Ukraine in accordance with which:
 
1. The State of Ukraine shall refrain from imposing rental payments for subsoil use for the purpose of natural gas extraction by JV Poltava Petroleum Company at the rate exceeding 28% which had been stipulated by the Tax Code of Ukraine before 31 July 2014.
 
2. This Decision shall apply from the date when it was rendered until the interim measures are determined by the Arbitral Tribunal in this case.
3. Other petitions of the Applicants shall be left without review.
4. An order on security payment shall not be issued.
5. A decision on costs for emergency arbitration shall not be passed.