Library

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

The Swedish Supreme Court Upholds the Award

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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Italian Supreme Court makes Tristangate Award Final, Binding and Non-appealable

Date: February 2, 2022
Jurisdiction: Italy
Status: Closed

The Supreme Court of Italy rejected an appeal brought by the Republic of Kazakhstan against recognition of the $544 million “Tristangate” Award on the grounds that it was procured by ‘fraud’. The Supreme Court of Italy upheld the earlier judgment of the Rome Court of Appeal handed down in February 2019.

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

Date: November 18, 2021
Jurisdiction: Sweden
Status: Closed

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 Brussels Court of Appeal upholds challenge brought by Kazakhstan

Date: November 16, 2021
Jurisdiction: Belgium
Status: Closed

The Brussels Court of Appeal issued a decision upholding the challenge brought by Kazakhstan against the enforcement of the $545 million Energy Charter Treaty Award in Belgium. The ruling is limited to the Belgian jurisdiction only and did not affect the validity of the award in Sweden.

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Washington D.C. District Court petition for Kazakhstan’s former Embassy property

Date: July 19, 2021
Jurisdiction: U.S.
Status: Open

The Stati Parties petitioned the Washington D.C. federal district court for an emergency attachment of the former residence of the Republic of Kazakhstan’s ambassador in the District of Columbia, arguing that it is now used for commercial rather than diplomatic purposes.

The relief sought is in response to Kazakhstan’s continued refusal to honour the fully adjudicated US$556 Million Tristangate Award that was issued by a Swedish arbitration tribunal in 2013.

The property is presently rented out to a translation school and a remodelling company on a commercial basis, according to a filing by the Stati parties, and therefore no longer protected by sovereign immunity.

The motion asks for an order that the property cannot be sold for the next 180 days and, if the property were to be sold that the proceeds are paid into a designated court escrow account.

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Lawyers for Argentem Creek Partners re-file a motion to dismiss

Date: July 15, 2021
Jurisdiction: U.S.
Status: Open

Lawyers for Argentem Creek Partners have re-filed a motion to dismiss, following Republic of Kazakhstan’s decision to amend their original complaint last month.

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