Library

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

KAZAKHSTAN’S ALLEGATIONS AGAINST ARGENTEM CREEK PARTNERS DISMISSED AS “IMPERMISSIBLE COLLATERAL ATTACK” ON ARBITRATION AWARD

The Supreme Court of the State of New York granted a motion to dismiss a lawsuit filed by the Republic of Kazakhstan against Daniel Chapman and New York-based investment firm Argentem Creek Partners.

Since December 2013, Kazakhstan has refused to pay and instead adopted a multijurisdictional legal strategy designed to frustrate the Award and avoid compliance with its binding international treaty obligations.

As part of these efforts, in June 2020 Kazakhstan filed a lawsuit in the United States against Daniel Chapman and Argentem Creek Partners, alleging that Argentem Creek Partners’ financing of attempts to enforce the Award constituted fraud. On August 29 2022, Judge Andrew Borrok of the Supreme Court State of New York granted a motion to dismiss this lawsuit.

 

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Kazakhstan files a brief in opposition to the defendants’ motion to dismiss its third amended complaint

Date: May 16, 2022
Jurisdiction: United States
Status: Open
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Lawyers for Argentem Creek Partners file a motion to dismiss Kazakhstan’s complaint in New York Supreme Court

Date: April 18, 2022
Jurisdiction: United States
Status: Open

Lawyers for Argentem Creek Partners and its CEO Daniel Chapman filed a motion to dismiss the claims brought by Kazakhstan in its Third Amended Complaint in the Supreme Court of New York. The motion argues that New York law provides the Court with multiple, independent grounds to dismiss Kazakhstan’s frivolous lawsuit with prejudice.

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New York District Court compels arbitration of claims by Outrider Management

Date: February 10, 2022
Jurisdiction: United States
Status: Closed

A federal judge in New York on February 10 granted the Argentem parties motion to compel arbitration against plaintiff Outrider thereby dismissing them from Kazakhstan’s vexatious litigation against U.S. investors. The Court also granted the motion by Kazakhstan to remand the case to New York State Court where Argentem’s motion to dismiss Kazakhstan’s claims will be decided.

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Italian Supreme Court makes Tristangate Award Final, Binding and Non-appealable

Date: February 2, 2022
Jurisdiction: Italy
Status: Closed

The Supreme Court of Italy rejected an appeal brought by the Republic of Kazakhstan against recognition of the $544 million “Tristangate” Award on the grounds that it was procured by ‘fraud’. The Supreme Court of Italy upheld the earlier judgment of the Rome Court of Appeal handed down in February 2019.

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Swedish Supreme Court upholds $90 million freeze on Kazakhstan National Fund’s assets in Sweden

Date: November 18, 2021
Jurisdiction: Sweden
Status: Closed

The Swedish Supreme Court upheld a $90 million freeze on Kazakhstan National Fund’s assets in Sweden. The court ruled that the seized assets representing part of Kazakh National Fund are not protected by sovereign immunity as a matter of international and Swedish law. The Swedish Supreme Court remanded the case to the Svea Court of Appeal for further consideration with respect to other outstanding questions.

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