Kolomoisky filed a new lawsuit against Russia to the Hague arbitration


Patterns associated with the Ukrainian oligarch Igor Kolomoisky, including the chemical company “Dniproazot”, has filed a new lawsuit against Russia in the Permanent court of arbitration in the Hague, the information on the court’s website. Among the plaintiffs “Ukrinternet” (Dnepropetrovsk, Ukraine), PJSC Dniproazot (Dneprodzerzhinsk), “Luksor” (Kiev), “Libset” (Kyiv) and “Aberon LTD” (Dnepropetrovsk).

Producer of ammonia and nitrogen fertilizers, “DneprAzot” is included into group “Privat” Kolomoisky and Gennady Bogolyubov. The founders of the “Oberon” includes patterns Bolroot Commercial and Quentional Investments, affiliated with PrivatBank. “Oberon” and “Luksora” the same authorized persons of Ukrainian registry of legal entities, and “Luksor” and “Libset” registered at the same address in Kiev.

The lawsuit was filed under the rules of the UN Commission on international trade law (UNCITRAL) and the agreement between the governments of Russia and Ukraine from 27 November 1998 on the promotion and reciprocal protection of investments. Arbitration proceedings commenced on 26 may 2015.

The amount of the claim is not specified. Russia did not appoint official representatives to participate in the process and gave consent to participate in it, according to the website of the court. The Russian Federation considers that “the Ukrainian-Russian agreement on protection of investments cannot serve as the basis for the creation of the arbitration Tribunal for the settlement of the claims of the plaintiffs.”

At the time of publication of the material comments of the plaintiffs, their lawyers, PrivatBank, Ukraine’s foreign Ministry about the lawsuit could not be obtained.
 

Other claims Kolomoisky

Previously Kolomoisky-controlled company one of the first initiated actions against Russia in connection with loss of property that belonged to them before the annexation of Crimea to Russia. There was a total of five claims, the amount of damage which is estimated at more than $1.2 billion. Deputy Minister of foreign Affairs of Ukraine Olena zerkal in interview to the edition “Mirror of week” in late January said that the company Kolomoisky assess the damage of at least $5 billion.

The company “Ukrnafta” (controlling the largest oil-producing company of Ukraine belongs to the state concern “Naftogaz of Ukraine”, but about 42% are affiliated with the Privat group structure) the beginning of arbitration proceedings in Permanent arbitration court in the Hague in June 2015, when the company was under the actual control of people Kolomoisky. The subject of the dispute — compensation for alleged illegal seizure of 16 filling stations belonging to the company on the territory of Crimea, and its basis is the bilateral agreement on protection of investments between Ukraine and Russia from 1998. The amount of compensation is still unknown.

In addition, the group “Privat” General filed suit on behalf of 11 companies owned or under control of which there were dozens of gas stations in the Crimea, worked including under the brands “Sentosa”, “avias” and ANP. The amount in dispute is unknown, but, according to “LigaBusinessInform”, it may be about $30 million.

In January 2016 the structure of Kolomoisky on the same grounds initiated another proceeding in the court of arbitration in the Hague regarding the seizure of the Belbek airport, controlled by the entrepreneur through LLC “Belbek Airport”. Damage then was estimated by the plaintiff in the amount of $15 million, and the plaintiffs were personally entrepreneur and company operator.

Russia in these cases stated that international agreement on investment protection cannot serve as a basis for resolving the dispute, and the jurisdiction of the Hague arbitration it does not recognize.

Another lawsuit concerned draft Kolomoisky in real estate. The plaintiff acted under his control the company “Everest estate”, and they implemented two projects in Crimea, apartments in Gurzuf two six-story buildings and a hotel complex “Crimean patio” in Yalta. In addition, the businessman controlled several major tourist facilities, including the sanatorium “foros”, hotel complex “Tavria” and the cottage “field pasture” in the village of Mountain near Yalta. Their total cost was estimated by the Ukrainian media at $40 million, whether they Are the subject of the dispute is unknown: “it’s about ownership of a large number of different real estate in the Crimea, including offices, residential houses and villas”, is indicated in the description of the claim.

The fifth lawsuit was filed on behalf of the banking business of the Ukrainian oligarch. Owned by Kolomoisky and his partner Gennady Bogolyubov of the largest in Ukraine PrivatBank initiated last year on the same grounds in arbitration against Russia — this time will be considered in Stockholm. The suit was filed jointly with LLC “FC “Fenelon”. The lawsuit stated that the estimated investment of PrivatBank banking operations in Crimea amounted to $1 billion, and claims arising from the alleged expropriation of property, amount to about $200 million.

The head of Board of Bank Dmitry Dubilet last month said that the Stockholm arbitration court has accepted to consideration claims of PrivatBank for the lost assets in Crimea worth about $1 billion, the Proceedings shall be conducted in accordance with the Arbitration rules of UNCITRAL. Russia does not recognize the jurisdiction of international arbitration for consideration of the dispute, said in July last year the Ministry of justice.

Previously Kolomoisky estimated total losses of participants of the group “Privat” from the annexation of Crimea to Russia in the amount of almost $2 billion.

In Russia Igor Kolomoisky is accused on criminal case about the use of prohibited weapons in Eastern Ukraine. The case, which recognised victims of 1420 persons, was filed under articles 356, 105, 144, 126 of the RF criminal code (use of prohibited means and methods of warfare, murder with aggravating circumstances, impeding the professional activities of journalists and kidnapping). Criminal proceedings have been opened during the active hostilities in the East of Ukraine. In 2014, the decision of the Basmanny court in absentia Kolomoisky was arrested.

Kolomoisky took third place in the ranking of the richest Ukrainians, according to the American magazine Forbes. His condition (24 February 2016) is estimated at $1.31 billion