Back to publication

Experts: Rosneft may receive access to gas- pipeline Sila Sibiri out of court.

"I think that the case won't be up before the court insofar as the situation represents an external aspect of the conflict of two adversaries and visions in company: the "china's factor has just revealed previous contradictions. The issue will be solved at the President's level in particular in the presidential commission on fuel and energy complex or in the government",- says Dmitry Magonya, the managing partner for ART DE LEX Law firm. Mr. Magonya has added as well that if only the following case is up before the court than would be the most interesting case not only for a professional lawyer but for an ordinary person".

The Sberbank CIB analyst Valery Nesterov has an alike opinion: "the chance being up before the court is very positive". Earlier such decisions were made out of public view. If such cases to be heard in the court we will witness the real market economy",- he said. 

Nesterov considers that the legislation of oil and gas sphere (federal law on gas supply in Russia according to which Gazprom remains the only exporter of gas in Russia) may change as nothing lasts forever still the time is not ripe for that.

"The oil companies are transforming now to  oil and gas companies because they are constrained. In the coming years the Gasprom monopoly on pipeline- gas export would remain.  Only the drastic changes on market may revise the resolution. For example, in case if Gazprom would fail to ensure incomes of Russian budget...still the company shows stability and reveals positive results and tramples European internal and external competitors.

"Nowadays is not the best period for changes"- says Mr. Nesterov.

"Rosneft  has high chances to export gas to China. I am not shure weather through the court but as a variant, Rosneft may sell gas to Gazprom at export net back rate",- said Andrey Poluchuk, analyst of Raiffeisen bank. He considers it possible to work out an agreement on Risneft gas purchase to Gazprom Export".

If Rosneft would seize the court, it may be a Moscow City Arbitration Court",- reports to ITAR- TASS Dmitry Magonya. 
"Taking in concern that the case in accordance with the Arbitration Procedure Code (article 35) should be entered at the domicile of respondent ( 16 Nametkina street)- the case will be heard in the Moscow City Arbitration Court",- says Mr. Magonya. 
He has specified that it is unlikely that companies would litigate abroad. 

Roman Terehin, the partner of law firm Naligovik" has a similar opinion:" It is definitely that the case will be heart in the Moscow City Arbitration Court as there are no chances for both companies to litigate abroad".

He has added that for the short- term the following dispute is not resolved. It is more likely that the dispute is oriented on gaining certain advantages or political pressure"- says the lawyer. Gazprom has claimed to ITAR- TASS that it's position on Sila Sibiri access remains the same. 

Alexey Miller, the head of Gazprom, has announced that Gazprom has no space for independent producers in the constructed Sila Sibiri pipeline and that is supposed to connect the Easter Siberia gas fields with Far East harbors which will guarantee Chinese supply. 

"The Sila Sibiri pipeline is intended only for gas supply in terms of Gazprom-  CNPC agreement",- had commented Mr.Miller on possible access of independent producers to Sila Sibiri during the press-conference of Gazptom shareholders meeting.

The head of Gazprom is sure that Holding may fill up the pipeline with Chayadinskaya and Koviktinskaya gas fields.