Jurisdiction
England
Main legal proceedings and related events in England from 2014 to date.
2014
24 February 2014
The Statis file an application for enforcement of the arbitral Award in England.
28 February 2014
The High Court of Justice ex parte recognizes the arbitral award and issues a provisional enforcement order.
2015
7 April 2015
Kazakhstan files its application to set aside the provisional enforcement order.
27 August 2015
In the course of the English enforcement proceedings, the engineer for Tractebel, testifies that Tractebel had supplied the main equipment for the LPG Plant directly to TNG for an amount of approximately $35 million and had no dealings with Perkwood or ever heard of it.
Exhibit-030
(1st WS)
2017
6-7 February 2017
Kazakhstan presents its case before the High Court of Justice and submits evidence to support its request for the reversal of the enforcement order obtained by the Statis.
Exhibit-034 (A)
Exhibit-034 (B)
(transcripts)
6 June 2017
Justice Knowles of the High Court of Justice ruled that there was sufficient prima facie evidence that the Statis had committed fraud against Kazakhstan and had obtained the arbitral award through fraud.
12 June 2017
The Statis file a request to appeal Justice Knowles’ decision.
27 June 2017
The High Court of Justice refuses the Statis’ request to appeal Justice Knowles’ decision and orders that the fraud issue be examined in a separate trial.
18 July 2017
The Statis file an application for permission to appeal the High Court of Justice’s decision of 27 June 2017 before the Court of Appeal.
2018
9 January 2018
The Court of Appeal refuses Stati’s application for permission to appeal the decision of Justice Knowles.
23 February 2018
The Statis are required to disclose a first set of documents to Kazakhstan, which happens to include the Azalia Agreement.
26 February 2018
The Statis serve Kazakhstan a notice of discontinuance of the English enforcement proceedings, thereby withdrawing their enforcement claim in England.
26 March 2018
The High Court of Justice holds a hearing to determine whether to accept the Statis’ request to withdraw their enforcement claim against Kazakhstan in England.
Exhibit-059
(transcript)
11 May 2018
Justice Knowles denies the Statis’ request to discontinue the enforcement proceedings against Kazakhstan in England.
28 May 2018
The National Bank of Kazakhstan (NBK) and Kazakhstan file a claim in the High Court of England seeking the court’s determination as to the nature of the obligations owed by Bank of New York Mellon (BNYM) under the Global Custody Agreement (GCA).
6 July 2018
Lord Justice Leggatt grants the Statis permission to appeal the Judgement of Justice Knowles of 11 May 2018.
31 July 2018
The London Court of Appeal holds a hearing on the Statis’ appeal against the judgment of Justice Knowles of 11 May 2018.
Exhibit-066
(transcript)
10 August 2018
The London Court of Appeal allows the Statis’ appeal of Justice Knowles’ Order (11 May 2018).
22 November 2018
Kazakhstan files an application requesting that the court order the Statis to pay Kazakhstan’s legal costs up to the date of their announcing of their intention to withdraw the claim in England.
2019
2 July 2019
The High Court of Justice orders the Statis to pay Kazakhstan £1.3 million in legal costs following their request to discontinue the enforcement proceedings in England.
2020
22 April 2020
Justice Teare of the High Court of Justice renders judgment in favour of Kazakhstan and NBK, stating that the debt was owed by BNYM to the NBK and not to Kazakhstan and the Statis cannot enforce the arbitral award against NBK and BNYM.
4 May 2020
The High Court of Justice holds a hearing during which Justice Teare confirms that his decision on 22 April was in favour of Kazakhstan and NBK. The court also dismisses the Statis’ permission to appeal and orders them to pay legal costs.
Exhibit-092
(transcript)
8 July 2020
The Court of Appeal refuses the Statis’ request to appeal the order of 4 May 2020 thereby putting an end to the Statis’ efforts to seize NBK’s assets through the Belgian proceedings. The court also refuses Kazakhstan’s request that the court considers the entirety of the case and not only the matter referred to it by the Belgian court.
2021
6 January 2021
NBK and Kazakhstan obtain a cost order amounting to $3,730,290 against the Statis in relation to the English court’s partial review of the Statis application in Belgium to seize NBK’s assets.
15 January 2021
The Statis appeal against the cost order.
11 March 2021
The High Court of Justice dismisses the Statis’ application to set aside the cost order.
