24 December 2021

De Brauw secures Supreme Court win for Republic of Kazakhstan

+ 1 other team member

On 24 December 2021, the Supreme Court of the Netherlands ruled in favour of the Republic of Kazakhstan, by annulling an enforcement order granted by the Amsterdam Court of Appeal in 2020. The contested order had allowed the opposing party to enforce a USD 500 million investment arbitration award issued by a Stockholm Chamber of Commerce (SCC) panel. In the Supreme Court proceedings, De Brauw successfully argued that the Amsterdam Court of Appeal did not have subject-matter jurisdiction to decide on the request for an enforcement order against the Republic of Kazakhstan. The Supreme Court also reversed the Court of Appeal's decision to grant the enforcement order, because this decision was given by a court that lacked jurisdiction to do so. The Supreme Court judgment can be found here (in Dutch).