Library

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

U.S. Federal Court Rebukes Kazakhstan for Non-Compliance with Court Orders

Date: August 10, 2020
Jurisdiction: U.S.

The federal district court in Washington, D.C. compels Kazakhstan once again to provide discovery of its assets on a worldwide basis – including assets of various Kazakh state instrumentalities such as NBK and Samruk-Kazyna.

The Judge also rebukes Kazakhstan and its legal counsel for the breaches of the previous U.S. court orders regarding discovery:

“Don’t get me wrong, the Republic of Kazakhstan had every right to litigate the petition to confirm the arbitral award, and they had every right to appeal my decision. But those proceedings are over. These are post-judgment proceedings. And the Republic of Kazakhstan and its counsel needs to get that into their heads because the level of intransigence that we’ve seen to date is not acceptable and it officially ends today.”

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Dutch Appellate Court Grants Recognition of the Award

Date: July 14, 2020
Jurisdiction: Netherlands

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).

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

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

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.

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

Date: May 18, 2020
Jurisdiction: Sweden

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.

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

Date: April 22, 2020
Jurisdiction: England & Wales

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.

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