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CISG-online number

4750

Case name

Naftogaz v. Gazprom II (Gas Transit Arbitration)

Arbitral Tribunal

Arbitration Institute of the Stockholm Chamber of Commerce (SCC)

Seat of the arbitration

Stockholm (Sweden)

Arbitrators

Tore Wiwen-Nilsson (Presiding arbitrator (Chairperson)), Jens Rostock-Jensen (Co-arbitrator), Johan Munck (Co-arbitrator)

Date of decision

28 February 2018

Case nr./docket nr.

V2014/129 (Final Award)

Claimant 1

Respondent 1

Case History

Related Cases

Seller 1

Buyer 1

CISG applied

no, merely various references by the parties to CISG provisions

(Domestic) law applied in addition

Swedish law

CISG provisions also cited

Art. 39(1); Art. 74; Art. 79(4)

Editorial remark
by Ulrich G. Schroeter

The present Final Award was rendered in a dispute that arose from a gas transit contract, and not from a sales contract as the related arbitration proceedings in the Gas Sales Arbitration [see CISG-online 4683 & 4743].

The arbitral tribunal did not base its decision on the CISG. However, the Claimant Naftogaz (and in response also the Respondent Gazprom) referred to a number of CISG provisions in presenting their respective case, namely to Art. 39(1) CISG (in paras. 1676 and 3296 of the award); to Art. 74 (in para. 3254 of the award), and to Art. 79(4) CISG as a supposed expression of "the general duty to co-operate underlying the CISG" (in para. 2001 of the award). The arbitral tribunal did not take a position on any of the CISG points raised.

Note that the full text of this Final Award is a very large file (1,033 pages).

Full text of decision 1