The Minister of Justice of Kazakhstan Erlan Sarsembayev stated that the ruling of the Astana International Financial Centre (AIFC) court to enforce the arbitration decision in favor of Naftogaz of Ukraine in the dispute with the Russian Gazprom will not take effect on the territory of Kazakhstan.
This is reported by Finway
Kazakhstan’s Position on the AIFC Court Ruling
According to the minister, the court order was issued unilaterally, without involving the defendant in the process. Sarsembayev emphasized that this ruling is merely informational and has not yet come into legal force. The defendant has the right to file a motion for its annulment within the established timeframe, after which the case will be considered taking into account the positions of both parties. At this stage, it is premature to talk about the enforcement of the court ruling.
“This is not a final decision: it is informational in nature and has not come into legal force. The defendant has the right to file a motion for annulment within the established timeframe, after which a full hearing will take place with the participation of both parties. It is premature to talk about any enforcement at this stage,” Sarsembayev stated.
The minister also stressed that Kazakh legislation does not contain legal mechanisms for enforcing decisions that are not related to the jurisdiction of the country or the AIFC court. Kazakhstan will not become a transit country for the enforcement of decisions that do not pertain to its legal framework.
The Essence of the Dispute Between Naftogaz and Gazprom
The AIFC first instance court recognized and allowed the enforcement of the arbitration decision against the Russian Gazprom in favor of Naftogaz of Ukraine for over 1.4 billion dollars in May. This dispute concerns the transit of Russian gas, which Naftogaz was supposed to carry out under the 2019 agreement. The contract is valid until January 2025, but due to Russia’s full-scale aggression in May 2022, transit through the Sokhranivka point became impossible. However, the Ukrainian company continued to provide services through the Sudzha point, but Gazprom did not pay for them in full.
In June 2025, the international arbitration tribunal in Switzerland ordered Gazprom to pay Naftogaz 1.37 billion dollars for breach of contract under the take or pay principle, as the Russian monopoly ceased making payments from May 2022. These actions were the basis for the Ukrainian company’s appeal to arbitration in the fall of 2022.
In March 2026, Naftogaz officially announced its final victory in the court proceedings in Switzerland, which confirmed the legitimacy of the Ukrainian side’s claims for the recovery of funds from Gazprom.