Jurisdiction
Netherlands
Main legal proceedings and related events in Netherlands from 2014 to date.
2014
The Statis file an application before the Court of Amsterdam to freeze Kazakhstan’s assets.
3 April 2014
The Court of Amsterdam issues a provisional order to freeze $520 million of Kazakhstan’s assets.
14 April 2014
The Dutch Minister of Security and Justice issues a notice that the enforcement would be contrary to obligations of the Dutch state under international law for reasons of immunity.
2017
30 August 2017
The Statis file an ex parte application before the Court of Amsterdam seeking authorization to make pre-judgment asset freezes against Kazakhstan, the NFRK and Samruk-Kazyna JSC (Samruk).
8 September 2017
The District Court of Amsterdam authorizes the Statis to make pre-judgment asset freezes against Kazakhstan, the NFRK and Samruk.
26 September 2017
The Statis file a request for recognition and enforcement of the arbitral award before the Amsterdam Court of Appeal.
5 December 2017
Hearing before the Amsterdam District Court in the Samruk summary proceedings for the lifting of the pre-judgment asset freeze against Samruk.
2018
5 January 2018
The acting President of the Amsterdam District Court issues a judgment in the Samruk summary proceedings denying Samruk’s request to lift the pre-judgement attachment of its assets.
23 January 2018
In the NBK summary proceedings, the District Court of Amsterdam issues a judgment lifting the asset freeze on the ground, inter alia, that the Statis had breached their obligation of truthfulness to the court.
22 June 2018
In the enforcement proceedings, the Amsterdam Court of Appeal holds a hearing with pleadings on behalf of the Statis, Kazakhstan, NBK and Samruk.
2019
13 March 2019
In the Samruk Appeal proceedings, the Amsterdam Court of Appeal holds a hearing.
7 May 2019
The Amsterdam Court of Appeal denies Samruk’s request to remove the pre-judgment asset freezes against Samruk in the Netherlands.
2 July 2019
Samruk and Kazakhstan file an application at the Supreme Court to appeal the judgement of the Amsterdam Court of Appeal of 7 May 2019.
2020
14 July 2020
The Amsterdam Court of Appeal recognizes and grants leave of enforcement of the arbitral award in the Netherlands.
14 September 2020
Kazakhstan applies to the Supreme Court of the Netherlands to review the Amsterdam Court of Appeal’s decision to recognize and enforce the arbitral award.
18 December 2020
The Supreme Court of the Netherlands issues a decision overturning the Court of Appeal of Amsterdam’s judgment of 7 May 2019 and refers the dispute to the Court of Appeal at the Hague for further assessment and a decision. Furthermore, the court orders the Statis to pay the legal costs.
2021
28 April 2021
The Amsterdam District Court decided to stay the proceedings initatied by the Statis against Samruk pending the outcome of the proceedings initiated by Samruk and Kazakhstan against the preliminary attachment of the Samruk’s assets.
4 June 2021
The Advocate General provided his opinion on Kazakhstan’s appeal in cassation. In short, the Advocate General concludes that the Supreme Court should annul the decisions of the Court of Appeal of Amsterdam – thus including the exequatur – and refer the case back to the Amsterdam District Court.
24 December 2021
The Supreme Court of the Netherlands invalidated the decision dated 14 July 2020 to recognize the Statis’ arbitral award in the Netherlands and referred the case back to the Amsterdam District Court.
