The Court of the Astana International Financial Centre (AIFC) has authorised the forced recovery of nearly $1.4 billion from Gazprom in favour of Naftogaz of Ukraine. The court recognised the arbitration award and granted permission for its enforcement on the territory of Kazakhstan.
This is the first publicly known case where a foreign jurisdiction has recognised and permitted the enforcement of this arbitration award against a Russian company.
WHAT THE AIFC COURT DECIDED
According to Forbes Ukraine, the court's decision allows the company to initiate forced enforcement procedures of the arbitration award against Gazprom in Kazakhstan.
The company stated that the case concerns the recovery of debt, interest and legal costs awarded by the international arbitration.
The Chairman of the Board of Naftogaz of Ukraine, Serhiy Koretsky, called the decision "another practical result" of the international campaign to recover the funds. According to him, work on enforcing the arbitration award continues in various jurisdictions.
WHAT THE DISPUTE BETWEEN THE COMPANIES IS ABOUT
The context of the dispute relates to a 2019 contract for the organisation of gas transit through the territory of Ukraine.
It is reported that in May 2022, transit via the Sokhranovka point became difficult due to the actions of Russian occupation forces. After this, Naftogaz continued transporting gas via the Sudzha point.
According to the Ukrainian company, despite the continuation of supplies, Gazprom refused to fully pay for the transit services. This became the basis for referring the matter to international arbitration.
HOW THE ARBITRATION PROCEEDINGS DEVELOPED
In September 2022, Naftogaz initiated arbitration proceedings in Switzerland under the rules of the International Chamber of Commerce.
In June 2025, the arbitral tribunal found Gazprom liable and ordered it to pay the debt, interest and costs.
Later, in January 2026, the Swiss Federal Tribunal rejected an appeal attempt by Gazprom, after which the arbitration award became final and binding.
WHY THE KAZAKHSTAN DECISION MATTERS
The decision of the AIFC court is the first publicly confirmed case of recognition of this arbitration award outside of Switzerland.
In effect, this opens up the possibility of applying forced enforcement procedures in Kazakhstan. However, the published materials do not specify whether Gazprom has any assets in Kazakhstan that could be used in the recovery process.
Naftogaz's interests in the Kazakh proceedings were represented by legal advisors ADL Disputes and Wikborg Rein.