Library

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

SVEA COURT OF APPEAL RULES THAT CLAIMANTS OF TRISTAN AWARD CAN COLLECT $75 MILLION HELD BY KAZAKHSTAN IN SWEDEN

The Svea Court of Appeal in Sweden ruled that approximately $75m of cash held in a Swedish bank on behalf of the National Bank of Kazakhstan belongs to the Republic of Kazakhstan and may be collected by the owners of Tristan Oil.

Kazakhstan and the National Bank had asked the Svea Court of Appeal to set aside the attachments, arguing that the attached assets did not belong to the Republic of Kazakhstan and were located in England not Sweden.

After evidence was presented to the court contradicting Kazakhstan’s claims, the Swedish court concluded that the properties belong to Kazakhstan, are located in Sweden, and fall under Swedish law relating to the enforcement of arbitration awards.

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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.
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.

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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.

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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
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.

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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.

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Swedish Appellate Court Rejects Second attempt by Kazakhstan to Re-litigate the Award

Date: January 31, 2020
Jurisdiction: Sweden
Status: Closed
In favour of: Tristan Oil

The Svea Court of Appeal in Sweden dismisses Kazakhstan’s second challenge of the award filed on the basis of alleged new evidence. The award is therefore again confirmed to be final, binding and non-appealable for all intents and purposes.

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