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Igor Kolomoisky (Photo: Natalia Kravchuk / NV)
The enforcement of the Arbitral Court’s decision in Oschadbank v. Russian Federation was challenged by a complaint to the Supreme Court of a company associated with the former owners of PrivatBank.
Oschadbank is extremely concerned about the situation around the procedure for the implementation in Ukraine of the decision of the International Commercial Arbitration, the Court of Arbitration in the case of the Oschadbank lawsuit against the Russian Federation, according to which the bank received compensation of more than $ 1.3 billion, Oschadbank said.
“The reason for this was the adoption by the Supreme Court to consider the appeal of PJSC Fortuna against the ruling of the Kiev Court of Appeals, according to which Oschadbank received permission to enforce the decision of the International Commercial Arbitration,” he said. the bank.
Oschadbank considers that the Supreme Court’s decision does not comply with current legislation due to non-compliance with the procedural deadlines, as well as the fact that the complaint was filed by persons who did not intervene in the case and have no right to challenge the corresponding authorization. .
“In fact, we are talking about the state bank being suspended from the distribution of the funds received after the sale of 99.77% of the shares of Prominvestbank. As a result, the enforcement of the arbitration award in the amount of more than $ 1.3 billion is threatened with stay. Oschadbank, which is 100% owned by the state, may lose more than 200 million UAH as a result of illegal actions, ”the statement said.
As reported International commercial arbitration in Paris on October 26, 2018 decided to raise $ 1.1 billion from the Russian Federation represented by the Ministry of Justice of the Russian Federation. as compensation for the expropriation of Oschadbank assets in Crimea (since including interest, the total amount of claims is $ 1.3 billion).
However, former PrivatBank director Alexander Dubilet and 18 other companies (among which is Fortuna CJSC, who were part of the so-called. Privat Group and controlled by the former owners of PrivatBank) in connection with the expropriation of their real estate in Crimea in June 2015 brought before the International Court of Arbitration in The Hague. (Permanent Court of Arbitration) a claim against the Russian Federation on the basis of a 1998 intergovernmental agreement on investment protection. The companies demanded to collect 130.5 million dollars from the Russian Federation, as well as interest. The Hague Arbitration announced on May 2, 2018 that it had ruled in favor of the plaintiffs in this case. .
Since one of the assets of the Russian Federation in Ukraine, which could be executed, were shares «daughters “of Russian banks with state participation (VTB, Prominvestbank, Sberbank), the legal dispute between Oschadbank and the former owners of PrivatBank was for the possibility of recovering this property, which was accompanied by repeated arrests on him.
We add that this is not the only attempt “Corsairs” challenge Oschadbank’s right to compensation. Then, on November 18 it became known that another company associated with Igor Kolomoisky, IKB-Invest, was unable to appeal to the Supreme Court the decision of the court of appeal in the case of compensation for property in Crimea.
