Republic of Kazakhstan v Chapman - United States District Court for the Southern District of New York Case 21-cv-03507 - Argentem Creek Partners files a notice to transfer Kazakhstans complaint - Defendants Notice of Removal - 20 April 2021
Country
Year
2021
Summary
DEFENDANTS' NOTICE OF REMOVAL
Pursuant to Chapter 2 of the Federal Arbitration Act (the "FAA"), 9 U.S.C. §§ 201-205, and, by incorporation, the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517, 330 U.N.T.S. 38 (the "Convention"), and 28 U.S.C. §§ 1331, 1367, 1441, and 1446, the Defendants Argentem Creek Holdings LLC, Argentem Creek Partners LP, Pathfinder Argentem Creek GP LLC, ACP I Trading LLC, and Daniel Chapman (collectively, the "Argentem Parties"), hereby remove this action (the "Action") originally filed in the Supreme Court of the State of New York, County of New York (the "State Court"), to the United States District Court for the Southern District of New York. Removal is proper because this Action relates to an arbitration agreement award under the Convention. See 9 U.S.C. § 205. In support of removal, the Argentem Parties state as follows: ...
Included in this document:
- New York County Supreme Court Docket
- Summons
- Complaint
- Stipulation - Time to Answer
- Affirmation/Affidavit of Service
- Notice of Motion for Pro Hac Vice Admission of Matthew H. Kirtland
- Affirmation of Felice Galant in Support of Motion for Admission of Matthew H. Kirtland Pro Hac Vice
- Exhibit A: Certificates of Good Standing
- Exhibit B: Proposed Order
- Affidavit of Matthew H. Kirtland for Pro Hac Vice Admission
- RJI - Re: Notice of Motion
- Addendum - Request for Judicial Intervention
- Decision + Order on Motion for Pro Hac Vice Admission of Matthew H. Kirtland
- Notification from Court: Notice of Neutral Evaluation Program - Commercial Division
- First Amended Complaint
- Notice to County Clerk - Amendment of Caption
- Notice of Appearance (Post RJI)
- Offer to Exchange and Consent Solicitation Statement
- Sharing Agreement and Assignment of Rights
This SHARING AGREEMENT AND ASSIGNMENT OF RIGHTS (this "Agreement") is dated as of December 17, 2012 among (i) TRISTAN OIL LTD. ("Tristan"), (ii) ANATOLIE STATI ("A. Stati"), (iii) GABRIEL STATI ("G. Stati"), (iv) ASCOM GROUP, S.A. ("Ascom"), (v) TERRA RAF TRANS TRAIDING LTD. ("Terra Raf" and, collectively with A. Stati, G. Stati and Ascom, the "Claimant Parties"; and the Claimant Parties, together with Tristan, the "Tristan Parties"), (vi) the parties listed under the heading "Majority Noteholders" on the signature pages hereto (the "Majority Noteholders") and (vii) those Noteholders (as defined below) who subsequently become bound by the terms of this Agreement. - Consent Solicitation and Exchange
- Material Terms and Proposed Amendments
- Form of Commencement Date Legal Opinion
- Form of Closing Date Legal Opinion
- Form or Press Release
- ...