Tag Archives: Kazakhstan

Case of the Day: In re Application of Kazakhstan

The case of the day is In re Application of Republic of Kazakhstan (S.D.N.Y. 2015). I love this case, because it raises one of my favorite issues under § 1782. In 2013, an arbitral tribunal in Sweden awarded Anatolie Stati and related parties $199 million against Kazakhstan on account of the illegal seizure of a gas plant. Kazakhstan brought an action to set aside the award in the Swedish courts, and it sought leave in New York to take discovery from Clyde & Co., which had acted as counsel for third parties in other arbitrations where the value of the gas plant was at issue. Kazakhstan’s hope was that it would find evidence that Stati had used a lower valuation for the plant in those arbitrations than it used in the arbitration against Kazakhstan.
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