Anatolie Stati - Gabriel Stati - Ascom Group SA - Terra Raf Trans Traiding Ltd v Republic of Kazakhstan and Samruk-Kazyna JSC - District Court of Amsterdam 634969 / KG RK 17-1581 MW/JT - Judgment - English - 8 September 2017
2. The petition
2.1. Briefly put, the petitioners were the (indirect) owners of two oil and gas producers: Kazpolmunay LLP (hereinafter: KPM) and Tolkynneftegaz LLP (hereinafter: TNG). KPM and TNG held exploitation rights in respect of oil fields in Kazakhstan. KPM was active in the Borankoil oil field and TNG in the Tolkyn oil field and the Tabyl Block. The petitioners invested substantial amounts in making the aforementioned oil regions profitable.
2.2. The petitioners contend - briefly put - that the State of Kazakhstan appropriated all of the petitioners' investments.
2.3. In response to the actions of the State of Kazakhstan, the petitioners instituted arbitration proceedings against the State of Kazakhstan with the arbitration institute of the Stockholm Chamber of Commerce. Their claim was based on a breach of Kazakhstan's obligations pursuant to the Energy Charter Treaty. The award (hereinafter: the Arbitral Award) was handed down in those proceedings on 19 December 2013. The State of Kazakhstan was ordered to pay the petitioners the sum of USD 497,685,101.00 in damages, with interest and procedural costs.
2.4. In a supplementary arbitral award (hereinafter: the Supplementary Arbitral Award), the arbitral tribunal specified the costs of the arbitration and fixed them at EUR 1,069,470.98. Based on the operative part of the Arbitral Award, the State of Kazakhstan was ordered to pay three-quarters of that sum, which is EUR 802,103.24, to the petitioners.
2.5. No appeal against the aforementioned Arbitral Awards is possible. The State of Kazakhstan instituted proceedings with the competent Swedish court for the setting aside of both Arbitral Awards. By judgment of 9 December 2016, the Swedish court denied the claim for the setting aside of the Arbitral Awards in full. No appeal against that judgment is possible, either. The State of Kazakhstan filed an extraordinary remedy with the Swedish Supreme Court. The petitioners do not expect a ruling in these proceedings in the foreseeable future. Despite repeated demands, the State of Kazakhstan has not complied with the Arbitral Awards.
2.6. The petitioners will submit a request for the recognition and execution of the Arbitral Awards to the competent Dutch court in order to subsequently execute the Arbitral Awards in the Netherlands.
2.7. By way of security for the recovery of their claim, which, based on the Arbitral Award and the Supplementary Arbitral Award, amounts to USD 506,660,597.40 and EUR 802,103.24, respectively, plus the customary surcharge for interest and costs, the petitioners wish to levy conservatory attachment against the respondents at a bank and some 10 other third parties, and on shares.
2.8. The petitioners contend - briefly put - that the requested goods to be attached have a commercial use and thus do not have a public use and can thus be attached.