Library

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

GIBRALTAR COURT DISMISSES TNG BANKRUPTCY CLAIM IN JURISDICTIONAL RULING

The Gibraltar Supreme Court dismissed the claim brought by the bankruptcy manager of Tolkynneftegaz LLP (TNG) against the Stati Parties. This represents the latest failed attempt by the Republic of Kazakhstan to obstruct payment of the Tristan Oil arbitration Award.

In July 2020, Kazakhstan induced TNG’s bankruptcy manager to file a further claim in Gibraltar against the Stati Parties in a renewed attempt to attack the Award. In this claim, Kazakhstan again alleged conspiracy, fraud, and deceit – allegations which had already been dismissed by multiple international courts.

The case was dismissed in Gibraltar on the basis that it was abusive to use another country’s legal system to enforce one’s own tax regime. The court further found that Gibraltar was not the appropriate forum for this claim.

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Belgian Court Grants Recognition of the Award

Date: December 20, 2019
Jurisdiction: Belgium
Status: Closed
In favour of: Tristan Oil

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

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The Luxembourg Court of Appeal Grants Recognition of the Award

Date: December 19, 2019
Jurisdiction: Luxembourg
Status: Closed
In favour of: Tristan Oil

The Luxembourg Court of Appeal grants recognition with respect to the award. The Court finds that Kazakhstan has failed to prove the existence of any fraud. This decision is binding and enforceable as a matter of Luxembourg law notwithstanding any further appeals.

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The Stati Parties Ask the U.S. Court to Sanction Kazakhstan

Date: December 2, 2019
Jurisdiction: U.S.
Status: Pending
In favour of: Tristan Oil

The Stati Parties file a motion for sanctions and contempt before the federal district court in Washington, D.C. given Kazakhstan’s repeated breaches of its discovery obligations stemming from previous U.S. court orders in the local award enforcement proceedings.

This matter is currently stayed pending Kazakhstan’s compliance with its discovery obligations.

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Swedish Court Dismisses Appeals Against US$ 53 Million Attachment Made by the Swedish Bailiff

Date: July 5, 2019
Jurisdiction: Sweden
Status: Closed
In favour of: Tristan Oil

A District Court in Stockholm dismisses Kazakhstan’s and NBK’s separate appeals against various attachment orders made by the Swedish bailiff concerning Kazakh state property in Sweden.

The assets in question represent proceeds of shareholdings and related economic rights in various Swedish listed companies owned by Kazakhstan as part of the savings portfolio of the National Fund. These proceeds are currently blocked in the Swedish bailiff’s escrow account in the sum of SEK 790,284,526 (approximately US$ 53 million) pending final resolution of the Swedish award enforcement proceedings before the Swedish Supreme Court.

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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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