Anatolie Stati, Gabriel Stati, Ascom S.A., Terra Raf Trans Traiding Ltd. v. Kazakhstan, SCC Case No. V (116/2010)


  • >Subject matter of the dispute: Alleged campaign of harassment by the State, which culminated with the abrupt cancellation of oil and gas exploration contracts held by claimant's local operating companies, followed by the seizure of its Kazakh assets 
  • >Amount claimed: USD 2.6 billion
  • >Amount awarded: USD 497,685,101
  • >Valuation method: income-based approach (discounted cash flow); actual investment; market-based approach (arm's length offer)
  • >Interest rate: US Treasury bills (6-month)
  • >Costs of arbitration: USD 1,069,470.98 
  • >Award legal costs: Claimant was awarded USD 8,975,496.40 (50% of legal costs)
  • >Award costs of arbitration: Respondent bears 75% of the costs

 

ARBITRAL DECISION

19 December 2013 

Award 

ANNULMENT PROCEEDINGS

ENFORCEMENT PROCEEDINGS (Belgium - ItalyLuxembourgNetherlandsUnited Kingdom - United States)

Belgium

25 May 2018 - Decision of Brussels Court of First Instance 

20 December 2019 - Decision of Brussels Court of First Instance

16 November 2021 - Judgment of Brussels Court of Appeal

 

Italy 

27 February 2019 - Judgment of Rome Court of Appeal

 

Luxembourg 

19 December 2019 - Judgment of Luxembourg Court of Appeal

 

Netherlands

6 November 2018 - Decision of Amsterdam Court of Appeal

7 November 2019 - Decision of Amsterdam Court of Appeal

 

United Kingdom

1 September 2015 - Decision of the High Court of Justice 

6 June 2017 - Judgment of the High Court of Justice

26 February 2018 - Notice of Discontinuance

11 May 2018 - Judgment of the High Court of Justice

22 April 2020 - Judgment of the High Court of Justice


United States

11 May 2016 - Order of the United States District Court for the District of Columbia

5 August 2016 - Memorandum Opinion of the United States District Court for the District of Columbia 

23 March 2018 - Order of the United States District Court for the District of Columbia 

23 March 2018 - Memorandum Opinion of the United States District Court for the District of Columbia

13 November 2018 - Order of the United States District Court for the District of Columbia

30 March 2019 - Memorandum Opinion of the US District Court for the District of Columbia

19 April 2019 - Judgment of the United States Court of Appeals for the District of Columbia Circuit


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