Library

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

Dutch Court Grants a US$ 5.2 billion Attachment of Kazakhstan’s Stake in the Kashagan Oil Field

The Amsterdam District Court grants a US$ 5.2 billion asset attachment of Kazakhstan’s stake in the Kashagan oil field, held via the sovereign wealth fund JSC Samruk-Kazyna’s (Samruk-Kazyna) 50% shareholding in the Dutch entity KMG Kashagan B.V., as an enforcement measure under the award.

The Kashagan oil field is one of the largest offshore oilfields in the Caspian Sea. The international consortium that has developed the field includes Eni, Royal Dutch Shell, Total, ExxonMobil, China National Petroleum Corporation, and Inpex.

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Dutch Appellate Court Confirms the Kashagan Shares Attachment for a Second Time

Date: May 7, 2019
Jurisdiction: Netherlands
Status: Pending
In favour of: Tristan Oil

The Amsterdam Court of Appeals upholds the US$ 5.2 billion share freeze of Kazakhstan’s stake in the Kashagan oil field held via Samruk-Kazyna.

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U.S. Appellate Court Confirms the Award

Date: April 19, 2019
Jurisdiction: U.S.
Status: Closed
In favour of: Tristan Oil

The U.S. Court of Appeals for the District of Columbia Circuit confirms the previous court ruling from March 23, 2018 that the award is valid and enforceable as a binding U.S. judgment. The ruling states that: “We find that it was not an abuse of discretion for the District Court to deny Kazakhstan’s motion because the District Court based its ruling on multiple valid grounds. We further agree with the District Court that Kazakhstan improperly presented new facts in its motion for reconsideration that it had not introduced in its original motion to supplement.”

As a result of this ruling, any non-state immune Kazakh state assets on U.S. soil become amenable to attachment and foreclosure by the Stati Parties.

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U.S. Federal Court Tosses Kazakhstan’s RICO Complaint

Date: March 30, 2019
Jurisdiction: U.S.
Status: Closed
In favour of: Tristan Oil

The federal district court in Washington, D.C. dismisses Kazakhstan’s complaint against the Stati Parties filed pursuant to the U.S. Racketeer Influenced and Corrupt Organizations (RICO) Act by describing this lawsuit as “ill-advised” and “an improper use of the auspices of this Court to revive and prolong a dispute that is over”.

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The Rome Court of Appeal Recognizes the Award

Date: February 27, 2019
Jurisdiction: Italy
Status: Closed
In favour of: Tristan Oil

The Rome Court of Appeal recognizes the award in Italy, dismissing all of Kazakhstan’s challenges to the award (including based on the fraud allegations).

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The Stati Parties Discontinue the Award Recognition Proceedings in England

Date: August 10, 2018
Jurisdiction: England & Wales
Status: Closed
In favour of: Tristan Oil

The Court of Appeal in England allows the Stati Parties’ to discontinue all English court proceedings, after the High Court had initially granted Kazakhstan’s application for a trial based on the original fraud allegations made by Kazakhstan.

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