In its application to the Houston court on February 10, Gazpromneft argues that the court in Houston does not have the necessary jurisdiction to consider the Yukos case.
Gazpromneft names "nine causes, independent of each other" as to why this case "is erroneous and cannot be further considered."
The Houston court should not have accepted the Yukos case for consideration in general, Gazpromneft believes, because Yukos' representative Bruce Misamore, who arrived in the U.S. in December, "did not have the juridical powers" to file with the court.
"If Yukos is allowed to continue the bankruptcy procedure, then foreign companies will be able to avoid paying taxes and fines in their countries by sending their agents to America for 'reorganization'," the document says.
It also expresses apprehensions that in this way "the bankruptcy courts in the U.S. will be able, or could even be forced, to take the jurisdiction over taxation and the regulation of the decisions of other countries."
The application also says that the Houston court was informed that in response to its actions, the law enforcement bodies in Russia have started to consider a bill that would allow Russian courts "to hear the claims in the U.S., similar to those which Yukos laid here."
Gazpromneft is already the second company demanding that consideration of Yukos' bankruptcy statement be stopped on US territory.
The first to file such a motion was Deutsche Bank A.G. at the end of December. The Houston court will consider this motion February 16 and 17.
