Library

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

Dutch Court Upholds the Kashagan Shares Attachment

Date: January 5, 2018
Jurisdiction: Netherlands

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

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

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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Dutch Court Grants a US$ 5.2 billion Attachment of Kazakhstan’s Stake in the Kashagan Oil Field

Date: September 8, 2017
Jurisdiction: Netherlands

The Amsterdam District Court grants a US$ 5.2 billion asset attachment of Kazakhstan’s stake in the Kashagan oil field, held via the sovereign wealth fund JSC Samruk-Kazyna’s (Samruk-Kazyna) 50% shareholding in the Dutch entity KMG Kashagan B.V., as an enforcement measure under the award.

The Kashagan oil field is one of the largest offshore oilfields in the Caspian Sea. The international consortium that has developed the field includes Eni, Royal Dutch Shell, Total, ExxonMobil, China National Petroleum Corporation, and Inpex.

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Swedish Court Grants Attachment of Kazakh State Assets in Sweden

Date: August 21, 2017
Jurisdiction: Sweden

The Stockholm District Court allows the Stati Parties to attach any Kazakh state assets on Swedish soil as an enforcement measure under the Award.

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Pre-Judgment Attachments Levied on Kazakhstan’s Property in Luxembourg

Date: August 16, 2017
Jurisdiction: Luxembourg

The bailiff in Luxemburg places a freeze on Kazakhstan’s 40% stake in Eurasian Resources Group, formerly publicly listed company ENRC, which was taken private in 2013 valued at £3.1 billion. In addition, dividends owed to Kazakhstan by ERG in the sum of US$ 48 million are frozen as a result of this attachment.

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