Moncrief Allowed to Question Gazprom Managers
// Suit
Kommersant has learned that the Northern District Court of Texas, which is hearing the suit against Gazprom by the American Moncrief International Oil Co. to restore its rights t the Yuzhno-Russkoe oil deposit, has allow the claimant to take written testimony under oath from deputy chairman of the board of Gazprom Alexander Ryazanov and three current and former employees of Gazprom subsidiaries. Under the decision of Justice Charles Bleil, Moncrief should carry out the questioning in Russia, although it had asked the court to oblige the interested parties to give testimony in the United States or a Western European country chosen by the respondent.
The Texas court has not yet begun hearing Moncrief's claims in earnest, since Gazprom is disputing its jurisdiction. Gazprom holds that the dispute can only be heard in the International Commercial Arbitration Court of the Russian Chamber of Commerce and Industry. At the same time, Ryazanov, along with Alexander Nikolaev and Yulia Lobanova, chairmen of the Gazprom subsidiaries Zapsibgazprom (the former holder of the license to the Yuzhno-Russkoe deposit) and Severneftegazprom (current holder of the license), respectively, made voluntary statements for the court, in which they stated, among other things, that none of the respondents ever conducted negotiations with Moncrief on the Yuzhno-Russkoe deposit.
In response, Moncrief asked the court for permission to obtain confirmation of that testimony under oath or else that the statements by Ryazanov, Nikolaev and Lobanova be excluded from the case. Moncrief insisted that that testimony be taken in the United States or any Western European country, promising to reimburse all travel and translation expenses. In addition to those current employees of Gazprom and its subsidiaries, Moncrief asked the court's permission to question one of four former employees of the respondent's choosing. On the list of those from whom Moncrief would like to obtain testimony are the former general director of Zapsibgazprom Vladimir Nikiforov (who signed the agreement with Moncrief in 1997) and his former first deputy Akhtyam Idrisov. Moncrief has already complained to the court that Gazprom is refusing to disclose to it the whereabouts of Nikiforov and Idrisov.
District Court Judge Terry Means, who is hearing the case, commissioned his assistant Bleil to make the decision on questioning the witnesses. He satisfied all of Moncrief's requests except that concerning the location of the questioning on Friday. Moncrief representatives told Kommersant earlier that, although the questioning will be conducted under oath, swearing on the Bible or American flag will not be necessary. Witnesses will simply be warned of the consequences of giving false testimony. Ryazanov told Kommersant yesterday that he is ready to answer the American lawyers' questions, but refused to comment further. Kommersant was unable to contact the other figures in the case.
Denis Skorobogatko, Natalia Grib
All the Article in Russian as of Sep. 27, 2005
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