An archive of the key court rulings in the Tristangate dispute.
The Stati Parties Secure an Arbitral Award Requiring Kazakhstan to Pay Compensation of More Than US$ 500 million
The Tribunal holds that Kazakhstan has violated its obligations under the ECT and awards the Stati Parties damages of approximately US$ 500 million, plus costs and interest.
In its 414-page reasoned award the Tribunal holds that:
“[Kazakhstan’s] measures, seen cumulatively in context to each other and compared with the treatment of the Claimants’ investments before the Order of the President of the Republic [Nursultan Nazabayev] on 14/16 October 2008, constituted a string of measures of coordinated harassment by various institutions of [Kazakhstan]. These measures must be considered as a breach of the obligation to treat investors fairly and equitably, as required by Art 10(1) ECT”.
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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.
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.
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.
The Hague Court of Appeal cancelled the attachment of shares worth around $5.2 billion held by Kazakhstan’s sovereign wealth fund JSC Samruk-Kazyna in KMG Kashagan BV. The Hague Court of Appeal reversed its previous finding that the shares were not immune from attachment on the basis that they did not have an immediate public purpose.