Energy & Sanctions — 2026-07-09

Kazakhstan Court Overturns Ruling Allowing Ukraine Naftogaz to Collect $1.4 Billion from Gazprom

BLUFKazakhstan's reversal signals that states within Moscow's economic orbit will resist serving as enforcement venues for sanctions-adjacent claims against Russian energy giants, narrowing Naftogaz's viable recovery paths.

The Court of the Astana International Financial Centre (AIFC) set aside its own May ruling that had allowed enforcement in Kazakhstan of a $1.4 billion arbitration award won by Naftogaz against Gazprom, according to a ruling published on the court's website Tuesday 12. Presiding judge Lord Faulks held that the AIFC's constitutional law does not grant the court jurisdiction to enforce foreign arbitral awards falling outside Articles 13 and 14, reversing the May 15 order issued by Judge Andrew Spink 23. UNN reported that the original order was entered without Gazprom's participation or notice, while this review heard arguments from both parties 2. Kazakhstan's Ministry of Justice had said in May that the dispute fell outside Kazakh jurisdiction and that the ruling would not be enforced, a position Justice Minister Erlan Sarsembayev voiced at the time 1. The underlying award stems from a 2022 dispute over gas transit fees following the halt of transit through Sokhranivka, confirmed in June 2025 by a Swiss arbitral tribunal and upheld on appeal by the Swiss Federal Tribunal in January 2026 2.

Analysis
The Astana court's reversal closes the Kazakhstan enforcement route while leaving the underlying $1.4 billion award intact, shifting Naftogaz's recovery campaign entirely to other jurisdictions holding seizable Gazprom assets. The jurisdictional reasoning, tying enforcement strictly to AIFC Articles 13 and 14, sets a narrow precedent complicating future use of the AIFC forum against Russian state entities, though the Justice Ministry's public opposition in May suggests government-level resistance to enforcing sanctions-adjacent judgments on Kazakh soil rather than a purely technical correction. The reversal may equally reflect Kazakhstan's reluctance to jeopardize its economic relationship with Russia. Sourcing rests on the AIFC Court's published judgment as the sole primary record, with wire and outlet coverage converging on identical procedural detail rather than independent corroboration.

5 sources

Kazakhstan court overturns ruling on $1.4 billion Naftogaz arbitration award against Gazprom - RBC-Ukraine
Kazakhstan court overturned the decision to collect $1.4 billion from Gazprom in favor of Naftogaz - UNN
Суд МФЦА отменил решение о взыскании $1,4 млрд с «Газпрома» в пользу «Нафтогаза» - Forbes Kazakhstan
Суд МФЦА отменил приказ о взыскании $1,4 млрд с Газпрома для Нафтогаза - Kommersant
National Joint Stock Company "Naftogaz of Ukraine" JSC v Gazprom PJSC - AIFC Court (Astana International Financial Centre, Case No. AIFC-C/CFI/2026/0002)