Republic of Kazakhstan v Anatolie Stati - Gabriel Stati - Ascom Group SA - Terra Raf Trans Traiding Ltd - Stockholm District Court - Case no T 10498-17 Decision - English - 21 August 2017
The claimants have shown probable reason for that they have such a claim towards the Republic of Kazakhstan as is set out in Chapter 15 Section 1 the Swedish Code of Judicial Procedure; the fact that a decision of attachment under this provision may be based on a rendered arbitral award follows inter alia from Government Bill 1998/99 p. 185 f. The claimants have shown probable reason for that the claim amounts to what has been stated. It can be suspected for good reason that the Republic of Kazakhstan, by way of absconding, disposing of the property, or acting in some other way avoids to fulfill its payment obligations. There is a danger in delay. The claimants, who lack assets to provide security, have shown exceptional reasons for their claim.
On account of what has been stated above, the district court exempts the claimants from the obligation to provide security and orders ex parte - i.e. without providing the Republic of Kazakhstan with the opportunity to reply - attachment of so much of the Republic of Kazakhstan's property in Sweden that the claimants' claim of a) 8 975 496,40 USD and b) 497 685 101 USD, including interest defined as the rate of 6 months US Treasury Bills from 30 April 2009 to the date of payment, can be assumed to be covered by enforcement. The district court provides the Republic of Kazakhstan with the opportunity to reply to the claimants' application no later than within three weeks from service of the decision.
The district court may when this time has elapsed try the question of attachment once more - and decide the matter finally - even if no reply has been submitted.
Communication of the decision to the Republic of Kazakhstan shall wait until 25 August 2017.