The Pre-Emptive Right of Lukoil Overseas to Acquire 50% Share Interest in Turgai Petroleum Joint Venture Confirmed
OREANDA-NEWS. On October 27 the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden), having considered the lawsuit of PetroKazakhstan Inc. against LUKOIL Overseas on its merits - and also the counter-claim of LUKOIL Overseas, took several decisions, including inter alia the confirmation of the pre-emptive right of LUKOIL Overseas to acquire 50% share in the Turgai Petroleum joint venture (Republic of Kazakhstan).
LUKOIL Overseas has accrued this right as a co-owner of Turgai Petroleum in accordance with the Shareholders Agreement as a result of a transaction under which the Chinese National Petroleum Corporation (CNPC) acquired 100% of PetroKazakhstan Inc. with 50% share in Turgai Petroleum being one of its large assets.
In accordance with the Shareholders Agreement, in case of change of control over the asset by one of the shareholders, the other shareholder has the right to acquire the shares.
However, in violation of the Shareholders Agreement it was not proposed to LUKOIL Overseas to bring into effect its pre-emptive right before the purchase of PetroKazakhstan Inc.'s shares by CNPC - and it became one of the justifications for the abovementioned arbitration.
LUKOIL Overseas intends to bring into effect its right for the purchase 50% share in Turgai Petroleum in the nearest future.
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