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Jurisdiction

USA

Main legal proceedings and related events in the US from 2014 to date.

2014

30 September 2014

The Statis file an application for enforcement of the arbitral award before the US District court for the District of Columbia.

2015

27 March 2015

Kazakhstan petitions the US District Court of the Southern District of New York for discovery of documents from the Statis’ parallel arbitrations with Vitol for use in the then-pending Swedish set aside proceedings.

22 June 2015

The US District Court grants Kazakhstan’s discovery request. From the obtained documents Kazakhstan learns that Perkwood is affiliated with the Statis.

2017

5 October 2017

Kazakhstan files a claim against the Statis under the Racketeer Influenced and Corrupt Organizations (RICO) Act before the US District Court for the District of Columbia.

2018

23 March 2018

In the enforcement proceedings, the US District Court for the District of Columbia denies Kazakhstan’s motion for reconsideration of the court’s decision, and grants the Statis’ Petition to enforce the arbitral award.

2019

30 March 2019

The US District Court for the District of Columbia dismisses Kazakhstan’s case against the Statis under the RICO Act.

3 April 2019

Kazakhstan compels Artur Lungu, who served as CFO of Ascom and was one of the Statis’ key witnesses in the arbitration, to testify under oath under Section 1782 of Title 28 of the United States Code.

Exhibit-069
(transcript)

19 April 2019

The US Court of Appeals for the District of Columbia Circuit affirms the DC Court’s ruling of 23 March 2018 enforcing the arbitral award in the US.

2020

21 February 2020

The US Court of Appeals for the District of Columbia denies Kazakhstan’s appeal of the 30 March 2019 Judgement of the US District Court for the District of Columbia regarding the RICO claim.

16 June 2020

Kazakhstan files a lawsuit against Daniel Chapman, Argentem Creek Holdings LLC, Argentem Creek Partners LP, Pathfinder Argentem Creek GP LLC, and ACP I Trading LLC for conspiracy to commit fraud, aiding and abetting wrongful conduct, and unlawful conspiracy under English law.

31 December 2020

Outrider Management LLC, a Tristan noteholder joins Kazakhstan as a plaintiff in the claim against Daniel Chapman and his co-conspirators.

2021

July 2021

The Statis filed “emergency” motions in which they falsely claimed that a Kazakhstan diplomatic residence in Washington DC was being used as commercial office space.

28 October 2021

The Statis requested permission from a Washington D.C. federal court to withdraw their pending “emergency” motions to seize the Republic of Kazakhstan’s diplomatic property in the U.S. capital. The request came a day before the deadline for the Statis to submit evidence to the federal court.

2022

10 February 2022

The US District Court for the Southern District of New York (1) granted Kazakhstan’s motion to remand its claims against Chapman to the New York state court where they were filed; (2) denied Chapman’s motion to dismiss Kazakhstan’s claims without prejudice; (3) denied Chapman’s motion to dismiss Outrider’s claims; and (4) granted Chapman’s motion to compel ICC arbitration of Outrider’s claims.

18 March 2022

Kazakhstan filed an amended complaint with the New York State Supreme Court to continue proceedings against Daniel Chapman, Argentem Creek Holdings LLC, Argentem Creek Partners LP, Pathfinder Argentem Creek GP LLC, and ACP I Trading LLC for conspiracy to commit fraud, aiding and abetting wrongful conduct, and unlawful conspiracy under English law.