After ten years of litigation with former Yukos structures "Rosneft", which, it seemed, had no explicit arguments in its favor, it announced a truce and settlement of all claims -. A whole $ 3 billion Neither party does not pay compensation. According to "Kommersant", the fact is that "Rosneft" were actually a real chance to turn the situation in their favor and even return a part of the enemy already paid $ 1.5 billion. However, a much more extensive claims of former Yukos shareholders to $ 50 billion will not affect reconciliation.
Yesterday, "Rosneft" said it had signed an agreement on the settlement of disputes with the 14 companies controlled by former top managers of YUKOS Steven Theede, Bruce Misamore, David Godfrey and Armen Mikaelyan. The parties renounced all mutual claims, stop "legal and other disputes" and pledged to no longer raise questions relating to the bankruptcy and liquidation of Yukos. In the "Rosneft" it stressed that the agreement does not provide money or other benefits. The transaction was completed on 31 March, the two sides signed all the documents on the review process in the Netherlands, England, Russia, the United States and other jurisdictions.
The representative of the former top managers of Yukos Clara Davidson clarified "Kommersant" that "cash flows received from the previous proceedings with" Rosneft ", under the settlement do not fall." Ex-Yukos managers have been able to get $ 1.5 billion, and tried to challenge another $ 3 billion. The decision to go to the world against the background of wins in court the plaintiffs explained that "the likelihood of success of the proceedings, getting the money, court costs, time frames". One of the sources, "Y", familiar with the situation says that in fact the position of "Rosneft" in the courts were not as lost, and the plaintiffs considered the risks too high against the background of considerable cost of doing business.
Trials of top managers of Yukos began in 2006 (at that time the main oil company's assets have been sold, control over the majority received "Rosneft"). Yukos Capital sarl initiated lawsuits in Russian and international courts to "Yuganskneftegaz", "Samaraneftegaz" and "Tomskneft", demanding the return of the whole more than 20 billion rubles. loans. In Russia & quot; Rosneft "basically won, but in 2010 the Supreme Court of the Netherlands sought to." Yuganskneftegaz "in favor of Yukos Capital sarl 12,9 billion rubles that." Rosneft "has paid the company in English court has also made him the 4 percent. 6 bln., but it appealed against the decision. The district federal court for the Southern district of New York went on trial for the recovery of $ 186 million to "Samaraneftegaz." Money from the "Tomskneft" (4.35 billion rubles.), former heads of Yukos trying to get to France, Ireland and Singapore. in 2014, Yukos International also filed a lawsuit in the District court of Amsterdam, to claim damages in the amount of $ 333 million and interest due to the arrest of part of its assets at the request of "Rosneft" in 2008. Then the company was saved $ 1.2 billion from the sale of 53.7% in Mazeikiu Nafta and another $ 240 million for 49% of Transpetrol pipeline. in February, the court recognized the freezing of funds "inappropriate", but did not agree with the assessment of the company's losses.
The argument of "Rosneft" in the courts has not yet been disclosed. According to sources, "b", it is argued that Yukos's former managers of illegal withdrawal of funds from companiestransfer prices, and then returned in the form of loans. "That is, in fact, these transactions could be considered illegal and questions would have to own the former Yukos executives", - says one of the interlocutors "b", considering the possible success of "Rosneft" is quite real. In this case, add another source of "Kommersant", the company could recover from the former Yukos structures approximately $ 1.5 billion. "The chances of" Rosneft "to prove that Yukos International had no right to sell the shares in Mazeikiu Nafta and of Transpetrol, were quite high. Plus Yukos earned and trading of oil, "- says the source" b ".
Negotiations on dispute settlement began in 2012, the sources said, "Kommersant", it was "roughly on the same conditions as now," and each time the initiative came from Yukos. "In fact, since the beginning of the proceedings in the courts for the parties and nothing has changed, just been spent time and money (about $ 20 mln.-" b ")," - said one of the "Kommersant" interviewees. According to him, the parties could take place in the courts have not less than five years, and "the chances of success - even taking into account the political sitution - would be roughly equal "Until now, explain the sources." b ", hampered reconciliation" political position ", but now" guide "Rosneft" and the country realized that since the company will be much more profitable. "
But the reconciliation did not solve the main problem - with the requirements of Group Menatep Limited (GML), Leonid Nevzlin and other former shareholders of the oil company. At the end of July 2014 the Arbitration Court in The Hague declared expropriated Yukos, estimating GML loss of $ 50 billion. In early February, Russia appealed, but according to sources, "b", "this business is actually no one does." And hung around the situation last year's decision of the European Court of Human Rights, which is awarded to the former shareholders of Yukos € 1,86 Bln.
According to Maxim Kulkova of the company "Kul'kov, Kolotilov and partners" of public information about the proceedings of Yukos structures with "Rosneft" is difficult to assess the chances of the parties. "While it is possible to say that the situation was more in favor of YUKOS", - he says, confirming that the process could drag on "for at least five to seven years." drivingpartner of law firm UST Evgeny Zhilin said that the proceedings concerning the interest and losses were less likely to succeed than the primary claim on "Yuganskneftegaz".