Jurisdiction
Sweden
Main legal proceedings and related events in Sweden from 2014 to date.
2015
5 October 2015
After discovering new facts through the US court proceedings, Kazakhstan files a separate claim in the Svea Court of Appeal to invalidate the award, on the ground that the award contravened Swedish public policy due to the Statis’ commission of fraud on the arbitral tribunal.
2016
9 December 2016
The Svea Court of Appeal dismisses Kazakhstan’s petition to set aside the award. In its decision, the Svea Court did not rule on the merits of Kazakhstan’s assertion of fraud, but rather determined that, this did not have a direct or an obvious indirect effect on the award and, therefore, did not come within the “very narrow” scope of Swedish public policy justifying set-aside of an arbitral award.
2017
3 February 2017
Kazakhstan asks the Supreme Court of Sweden to reverse the Svea Court of Appeal’s judgement.
18 August 2017
The Statis file an ex parte application before the Stockholm District Court for the provisional freezing of Kazakhstan’s assets in Sweden.
21 August 2017
The Stockholm District Court grants the Statis’ ex parte application.
13 September 2017
The Statis file an application to the Swedish Enforcement Authority (SEA) in Sweden for enforcement of the arbitral Award.
24 October 2017
The Supreme Court of Sweden denies Kazakhstan’s motion to quash the Svea Court of Appeal’s judgment.
29 November 2017
The Nacka District Court renders decisions rejecting Kazakhstan’s appeals against the SEA’s decisions.
2018
23 March 2018
The Svea Court of Appeal refers Kazakhstan’s case back to the Nacka District Court, having concluded that the Nacka District Court had rendered its decisions under false premises.
2019
8-12 April 2019
The Nacka District Court holds a hearing on the appeals against the decisions of the SEA.
Exhibit-070 (A)
Exhibit-070 (B)
Exhibit-070 (C)
Exhibit-070 (D)
(transcript)
5 July 2019
The Nacka District Court rejects Kazakhstan’s and NBK’s appeals of the SEA’s decisions.
11 October 2019
Kazakhstan and NBK file full appeals of the Nacka District Court’s decision of 5 July 2019. As a new ground for lifting the asset freeze, Kazakhstan added that the arbitral award is contrary to public policy.
28 October 2019
The Svea Court of Appeal grants Kazakhstan the right to appeal against the decision of the Nacka District Court of 5 July 2019.
25 November 2019
Kazakhstan files a claim in the Svea Court of Appeal to invalidate the arbitral award (the Invalidation Claim).
2020
10-14 February 2020
The Svea Court of Appeal holds a hearing regarding the appeal of the Nacka District Court’s decision of 5 July 2019
Exhibit-085 (A)
Exhibit-085 (B)
Exhibit-085 (C)
(transcripts)
9 March 2020
The Svea Court of Appeal grants the Statis’ petition and dismisses Kazakhstan’s Invalidation Claim.
3 April 2020
Kazakhstan files a petition before the Swedish Supreme Court seeking to re-open the set aside proceedings of the arbitral award on the basis of newly obtained evidence.
18 May 2020
The Swedish Supreme Court dismisses Kazakhstan’s petition to re-open the set aside proceedings.
17 June 2020
The Svea Court of Appeal renders its decision in favor of Kazakhstan and NBK stating that NBK’s assets have sovereign immunity.
8 July 2020
The Statis file an appeal with the Supreme Court of Sweden on the decision of the Svea Court of Appeal dated 17 June 2020.
21 September 2020
The Supreme Court of Sweden grants the Statis the right to appeal the Svea Court of Appeal’s decision of 17 June 2020.
2021
18 November 2021
The Swedish Supreme Court ruled that the seizure of the property of the National Fund of the Republic of Kazakhstan in the amount of approximately SEK 720 million in Sweden does not fall under the protection of the doctrine of judicial immunity. It reversed the decision dated 17 June 2020 of the Svea Court of Appeal, and remanded the case to it for further proceedings regarding the other defenses to enforcement asserted by the Republic of Kazakhstan and the National Bank of Kazakhstan.
