Library

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

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

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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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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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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