Library

An archive of the key court rulings in the Tristangate dispute.

New York District Court motion to dismiss “improper collateral attack” on binding award and compel Outrider into arbitration

Lawyers acting for Argentem Creek Partners filed a motion in the United States District Court for the Southern District of New York seeking to dismiss Kazakhstan’s suit, as well as a separate motion to compel Outrider to submit its claims to arbitration.

Kazakhstan’s claims are identical to issues raised in previous proceedings, the motion to dismiss argues, noting that these were already litigated and decided in other courts. The motion to compel arbitration is based on the grounds that the Sharing Agreement signed between Tristan’s noteholders in 2012 mandates the use of arbitration to resolve differences rather than filing of complaints in the American courts and that all noteholders agree to arbitrate when they purchase notes. Outrider, who decided to join Kazakhstan earlier this year in backing the fictional fraud claims, is a signatory to the Sharing Agreement.

Search Our Library

Dutch Appellate Court Grants Recognition of the Award

Date: July 14, 2020
Jurisdiction: Netherlands
Status: Closed

The Amsterdam Court of Appeals grants recognition with respect to the award, dismissing all of Kazakhstan’s challenges to the award (including based on the fraud allegations).

Download

Kazakhstan Files a Civil Complaint in New York Against Argentem Creek Partners and Its CEO

Date: June 16, 2020
Jurisdiction: U.S.
Status: Pending

Kazakhstan files a civil complaint in New York against Argentem Creek Partners and its CEO, alleging that they had been involved in a criminal conspiracy together with the Stati Parties.

Download

The Swedish Supreme Court Dismisses Kazakhstan’s second application to overturn the Award

Date: May 18, 2020
Jurisdiction: Sweden
Status: Closed
In favour of: Tristan Oil

The Swedish Supreme Court upholds the award for the second time, dismissing Kazakhstan’s application to overturn the December 9, 2016 ruling of the Svea Court of Appeal filed on the basis of alleged new evidence. The award is therefore once again confirmed to be final, binding and non-appealable for all intents and purposes.

Download

English Court Rejects National Bank of Kazakhstan’s (NBK) Debt Claim Against BNY Mellon

Date: April 22, 2020
Jurisdiction: England & Wales
Status: Closed
In favour of: Kazkahstan

The High Court of Justice in London rejects NBK’s US$ 530 million debt claim against BNY Mellon for the latter’s refusal to release the National Fund assets frozen as a result of the parallel Belgian enforcement proceedings, by agreeing with the Stati Parties that the decision with regards to BNY Mellon is to be determined by the Belgian courts in due course.

Download

U.S. Appellate Court Confirms Dismissal of the RICO Claim

Date: February 21, 2020
Jurisdiction: U.S.
Status: Closed
In favour of: Tristan Oil

The U.S. Court of Appeals for the District of Columbia Circuit confirms the lower district court ruling from March 30, 2019 which dismissed Kazakhstan’s RICO claim against the Stati Parties.

Download