MCC "EuroChem" failed to convince the Court of the first instance of the Dutch-righteousness in a dispute with the company IMR - shareholder of the contractor to develop Gremyachinskoe potash deposit. "EuroChem" tried to prove that the management contractor and IMR bribed an employee of the company to hide the shortcomings of the technology. The court dismissed "Eurochem" claims of € 660 million, but the Russian company intends to continue the proceedings.

Amsterdam District Court rejected the holding controlled by Alexander Melnichenko, "EuroChem" by € 660 million to the company's International Mineral Resources (IMR), which is owned by the founders and main shareholders of the Kazakh ENRC Alexander Mashkevich, Alijan Ibragimov and Patokh Shodiev. On the decision of the court yesterday reported IMR. "The court ruled that all claims" EuroChem "were unfounded and can not withstand careful legal review," - said in a statement IMR.

This action was part of the smear from 2012 dispute "Eurochem" with a former contractor for the construction of one of the mining shafts Gremyachinskoe potash deposit (project its development Assessingetsya $ 2 billion) - by Shaft Sinkers, whose main shareholder is the IMR. Shaft Sinkers technology proved ineffective: it turned out that the cementing not justified because of the presence on the site unconsolidated sand. Development was suspended and replaced the technology to freeze, resulting in a delay in the development of fields (input shift from 2012 to 2015).

In the fall of 2012, "EuroChem" handed to contractors claims the Swiss Chamber of Commerce in Zurich, and the International Chamber of Commerce in Paris. Initially, "EuroChem" required to reimburse $ 800 million, in the future the amount in dispute was raised to $ 1.06 billion, and then reduced to $ 917 million. The decision on the claims in Zurich and Paris, is expected in 2015.

At the same time the claim to the IMR, submitted to the Dutch court in the spring of 2013, the Russian company has accused the defendant in the "undisguised fraud, aggravated by a bribe ', alleging that IMR guide gave a member of the" EuroChem "bribe in the amount of several hundred thousand rubles to conceal a possible inefficiency Shaft Sinkers on Gremyachinskoe. The lawsuit alleged that the IMR helped conceal otchthe one which questions the effectiveness of sealing technology, Shaft Sinkers used in the field. IMR representatives stated that the employee "EuroChem" has received the money according to the signed them with the knowledge of its management official agreement with Shaft Sinkers for consulting services. In July 2013 the Dutch court handed down a preliminary decision in favor of "EuroChem" and imposed restrictions on the IMR assets, determining the amount of € 886 million (which includes the principal amount of the claim and interest).

The representative of "EuroChem" Vladimir Torin said, "Kommersant" that the company is "disappointed" by the decision of the Amsterdam Court, but continue the proceedings in the Netherlands. "As part of the ongoing litigation with Shaft Sinkers we found additional evidence of fraud, which the court in the Netherlands has not yet had the opportunity to study," - he said. According to him, these additional facts "will be directed to the next stage of the proceedings in the Netherlands."

Head of Practice on Dispute Resolution law firm Freshfields Bruckhaus Deringe Maxim Kul'kov notes that the passage of Johnstations in the European courts takes an average of two to four years. According to him, "EuroChem", submitting a claim to the shareholder of the contractor, counted in the case of winning receive not only compensation, but also additional arguments for the main legal disputes in arbitration.