On February 8, 2023, the Amsterdam District Court ruled that the claims of Anatole and Gabriel Stati and their companies (“Stati”) against Samruk-Kazyna JSC are inadmissible. The court also ordered Stati to pay the court costs incurred by Samruk-Kazyna JSC and the Republic of Kazakhstan. The decision was made during the proceedings in the Amsterdam District Court, in which Stati argued that Samruk-Kazyna JSC is actually part of the Republic of Kazakhstan and therefore is responsible for the alleged claims under the arbitration award against the Republic of Kazakhstan.

It should be noted that this decision is another decision in the Netherlands against Stati in favor of Samruk-Kazyna JSC and the Republic of Kazakhstan.

Thus, on June 14, 2022, a decision of the Hague Court of Appeal took place, in which the court found that the shares of Samruk-Kazyna JSC in KMG Kashagan B.V. enjoy sovereign immunity from enforcement, confirming the illegality and invalidity of the seizure of the property of Samruk-Kazyna JSC. The Hague Court of Appeal annulled the illegal pre-trial arrest imposed on the claim of Stati in 2017, and the legal rights of the Fund in terms of independent ownership without any previously imposed restrictions were restored.

On January 9, 2023, the Amsterdam District Court denied Stati’s request for recognition and enforcement of the arbitration award, indicating that Stati committed procedural fraud in arbitration, which is a violation of the Dutch public policy.

           The successful completion of the trial in the Amsterdam District Court was also achieved as a result of fruitful cooperation of Samruk-Kazyna JSC with the Ministry of Justice of the Republic of Kazakhstan.