TO WHOM IT MAY CONCERN
Re: Anatolie Stati, Gabriel Stati, Ascom Grup S.A., and Terra Raf Trans Traiding Ltd (together, "Ascom Claimants") v. The Republic of Kazakhstan
In response to certain recent mass media publications which contain updates as to recent developments with regard to certain legal proceedings involving our clients, Ascom Claimants, we wish to clarify as follows.
The judgment of the Svea Court of Appeal dated 9 December 2016 (the “Judgment”) upholding in full the ECT Award obtained by Ascom Claimants against the Republic of Kazakhstan in December 2013 (the “ECT Award”), is not subject to any ordinary appeal to the Swedish Supreme Court and is thus final, binding and immediately enforceable as a matter of Swedish law. This is a direct result of the Svea Court of Appeal refusing permission to appeal the Judgment to the Swedish Supreme Court.
We note in this regard that the Svea Court of Appeal undertook a very careful analysis of the parties’ submissions and evidence on all issues in its 74-page judgment delivered as a result of lengthy proceedings lasting almost three years and culminating in a 13-day oral hearing in Stockholm in September-October 2016. Furthermore, the convincing nature of Ascom‘s win is further evidenced by the fact that Svea Court of Appeal awarded Ascom Claimants all of their claimed legal costs in an amount of approximately US$3.3 million.
Accordingly, the Judgment may now only reviewed through the so called request for extraordinary review procedure which will require the Republic of Kazakhstan to prove that the Svea Court of Appeal has committed a grave procedural error. Given this extremely high threshold, such requests are almost never granted by the Swedish Supreme Court. In fact, there has never been a successful request for extraordinary review of a judgment declining to set aside an arbitral award.
Ascom Claimants will therefore continue to vigorously defend their rights and interests by way of recognition and enforcement of the ECT Award against the Republic of Kazakhstan in various jurisdictions across the world, should the Government of Kazakhstan continue to refuse to honour its international treaty obligations, by illegitimately resisting to pay sums due under the ECT Award and the Judgment which combined value presently stands at approximately US$ 517 million.