Kazakhstan has refused to comply with the ICJ’s ruling in the dispute between Naftogaz and Gazprom
25 May 21:38
Kazakhstan will not comply with the ruling of the Astana International Financial Centre (AIFC) regarding the dispute between Naftogaz of Ukraine and Gazprom.
This was stated by Kazakhstan’s Minister of Justice Erlan Sarsembayev on May 25, according to Tengrinews .kz, as reported by "Komersant Ukrainian".
On May 20, Naftogaz of Ukraine announced that the IFAC had authorized the enforcement in Kazakhstan of a Swiss arbitration ruling in favor of the Ukrainian company in its dispute with Gazprom. The dispute concerned the Russian side’s breach of the 2019 contract for the transit of Russian gas through Ukraine. Naftogaz received permission to enforce the collection of approximately $1.4 billion from Gazprom on the territory of Kazakhstan.
Kazakhstan’s Position
Kazakhstan’s Minister of Justice emphasized that his country “will not become a transit platform for the enforcement of decisions that have no legal connection to it.”
Sarsembayev noted that the court issued a ruling regarding a company that is not a participant in the IFC, and that the agreements were not concluded within the IFC.
He also added:
“The defendant has the right to file a motion for annulment within the established time limit, after which a full hearing will take place with the participation of both parties.”
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What is known about the case
In May 2022, Gazprom ceased payments under the “take or pay” principle, breaching its obligations to Naftogaz as stipulated in the 2019 agreement.
In September 2022, the Ukrainian company initiated arbitration proceedings to recover the debt.
In June 2025, the International Arbitration Tribunal ordered Gazprom to pay Naftogaz $1.37 billion. However, the Russian company appealed this decision to the Swiss Federal Supreme Court, which dismissed the appeal in its entirety and upheld the arbitration award.
On March 13, the Swiss Federal Supreme Court upheld the international arbitration ruling, under which Gazprom must pay Naftogaz over $1.4 billion in gas transportation debt.
On May 21, Kazakhstan’s Ministry of Justice noted that the ICAC court is not part of the country’s judicial system and operates under its own rules, according to Forbes . This adds another layer of complexity to the situation, as decisions made by this court can be appealed within Kazakhstan if they have no direct legal connection to the country.
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