Library

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

THE SWEDISH SUPREME COURT REINFORCES DECISION FOR CLAIMANTS OF TRISTAN AWARD TO COLLECT $75 MILLION HELD BY KAZAKHSTAN IN SWEDEN.

The Swedish Supreme Court (Högsta Domstolen) dismissed Kazakhstan’s claim to appeal the January 2023 decision of the Svea Court of Appeal that confirmed that claimants of the Tristan Award can collect $75 million held by Kazakhstan in Sweden.

In January 2023, the Svea Court ruled that approximately $75 million of cash held at the Swedish Enforcement Authority on behalf of the National Bank of Kazakhstan belongs to Kazakhstan and may be collected by the owners of Tristan Oil.

Kazakhstan had sought to appeal the decision, arguing that the attached assets did not belong to the Republic of Kazakhstan and were located in England not Sweden. The Supreme Court examined the material and found no reason to grant leave to appeal to Kazakhstan. The Court of Appeal’s decision therefore stands: the claimants of the Tristan Award can collect $75 million held by Kazakhstan in Sweden as part of the enforcement of the 2013 arbitral award.

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U.S. Federal Court Confirms the Award

Date: March 23, 2018
Jurisdiction: U.S.
Status: Closed
In favour of: Tristan Oil

The federal district court in Washington, D.C. rules that the award is valid and enforceable as a binding U.S. judgment following an application by the Stati Parties to confirm the Award on U.S. soil. In doing so, the U.S. court rejects the fraud allegations brought forward by Kazakhstan.

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Swedish Court Confirms Attachment of Kazakh State Assets in Sweden

Date: January 24, 2018
Jurisdiction: Sweden
Status: Closed
In favour of: Tristan Oil

The Stockholm District Court upholds its previous decision from August 21, 2017 allowing the Swedish bailiff to levy attachments on Kazakh state property on Swedish soil by dismissing Kazakhstan’s challenges to the original ruling.

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Dutch Court Upholds the Kashagan Shares Attachment

Date: January 5, 2018
Jurisdiction: Netherlands
Status: Pending
In favour of: Tristan Oil

The Amsterdam District Court dismisses a challenge by Samruk-Kazyna against the freeze over the Kashagan oil field.

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The Swedish Supreme Court Upholds the Award

Date: October 24, 2017
Jurisdiction: Sweden
Status: Closed
In favour of: Tristan Oil

The Swedish Supreme Court upholds the award for the first time and rejects Kazakhstan’s extraordinary review application against the Svea Court of Appeal judgment from December 9, 2016.

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Brussels Court Sanctions an Attachment Order Targeting National Fund Assets Held by BNY Mellon

Date: October 11, 2017
Jurisdiction: Belgium
Status: Pending
In favour of: Tristan Oil

The Brussels Court of First Instance makes an attachment order as sought by Stati Parties. The said order was served on BNY Mellon as global custodian of Kazakhstan’s National Fund assets leading to BNY Mellon freezing US$ 22.6 billion in assets of the National Fund (comprising about 40% of the Fund’s entire portfolio).

This attachment is believed to be the largest in legal history.

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