Adviser Recommends Redo On $506M Award Enforcement

Law360 (June 8, 2021, 9:42 PM EDT) -- A legal adviser for the Netherlands' highest court has recommended overturning a decision enforcing a half-billion-dollar arbitral award against Kazakhstan that was issued to a pair of Moldovan energy investors, saying the case was filed with the wrong court.

Advocate General Paul Vlas concluded that investors Anatolie and Gabriel Stati should have filed the proceeding seeking recognition and enforcement of their $506.7 million arbitral award at the Amsterdam District Court, rather than the Amsterdam Court of Appeal.

The reason for the advocate general's opinion was that the litigation was governed by the version of the Netherlands arbitration law that was in...

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