Summary

Internationale Schiedsgerichtsbarkeit, Beschwerde gegen den Schiedsentscheid des ICC Schiedsgerichts mit Sitz in Zürich vom 16. Juni 2025 (No. 27245/GL/DTI).

Federal Court confirms the decision of the Zurich Court of Arbitration in 2022.

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Agreement on the Provision of the Service of Organising Natural Gas Transportation through the Territory of Ukraine, GTOA

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"Article 15. APPLICABLE LAW. DISPUTE RESOLUTION.

15.1 This Agreement shall be governed by and interpreted in accordance with the substantive law of Sweden.

15.2 The Parties shall seek to resolve all disputes and controversies relating to the interpretation and application of this Agreement by way of negotiations. In case the Parties cannot reach a mutually acceptable solution within 45 days from the date of the sending by one Party to the other Party of a written notification of any dispute, controversy or claim arising out of or in connection with this Agreement, then any such dispute, controversy or claim, including regarding the entry into force of this Agreement, its conclusion, amendment, performance, breach, termination or validity, shall be subject to final resolution in the International Court of Arbitration of the International Chamber of Commerce in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC) in the version effective on the date on which such dispute, controversy or claim is submitted for arbitration.

15.3 The Arbitral Tribunal shall be composed of three arbitrators. Each Party shall appoint one arbitrator.

The two so appointed arbitrators shall elect the third arbitrator who will act as the Chairman of the Arbitral Tribunal.

15.4 The place of the arbitral proceedings shall be the city of Zurich, Switzerland. The language of the arbitral proceedings shall be English. The arbitral award is final and binding upon the Parties.

15.5 The Parties agree that the Arbitral Tribunal shall not have the competence to amend the terms and conditions of this Agreement, except as specified in Article 15.6 of this Agreement.

15.6 In case the implementation by Ukraine of any new EU energy laws as part of its obligations in accordance with the Association Agreement between the EU and the European Atomic Energy Community and their member states, on the one part, and Ukraine, on the other part, dated 27 June 2014 and the Protocol dated 24 September 2010 on the accession to the Energy Community Treaty dated 25 October 2005, with all amendments and addenda after the date of this Agreement, directly affects the performance by the Organiser of its obligations under this Agreement, the Organiser shall be entitled to send to the Customer a request for making corresponding amendments to this Agreement (the 'Proposed Amendment') and shall suggest to hold corresponding negotiations. The request for making the Proposed Amendments shall contain a detailed justification for these amendments, as well as a justification for the need of their introduction and an assessment of implications of such changes for the Parties. In case the Parties fail to agree on any Proposed Amendment during good faith negotiations within 45 Business Days after the date of receipt of such request, then such dispute shall be resolved by arbitration in accordance with this Article 15. This Article 15.6 does not apply to any Proposed Amendments if they result in an increase in the financial obligations of the Customer under this Agreement or otherwise entail any increase in the Customer's expenses under this Agreement."