Arbitral Digest

Matter

Mr [B] [K] v Kyrgyz Republic (French Court of Cassation W 17-17.981)

Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 24 October 2014Arbitration

    24 October 2014Arbitration

    Arbitral Award rendered in Paris on 24 October 2014

    Decision summary
    The tribunal ordered the Kyrgyz Republic to pay Mr [B] [K] USD 15,020,000, plus interest and procedural costs, and ordered Mr [K] to transfer his participation in Manas Bank; it rejected the remaining claims.

    Supporting details

    2 authorities · 5 participants
    Mr [B] [K]
    Kyrgyz Republic
    Institution
    Arbitrator
    [L]
    Arbitrator
    [J]
    Arbitrator
    [P]

    Authorities cited

    2
    • Agreement on the Promotion and Protection of Investments between the Republic of Latvia and the Kyrgyz Republic, 22 May 2008
      treaty
    • 1976 UNCITRAL Arbitration Rules (UNCITRAL Arbitration Rules (1976))
      arbitration rules

    2 years, 3 months and 28 days later · 851 days

  2. 21 February 2017France

    21 February 2017France

    Judgment of the Paris Court of Appeal, Pôle 1, Chambre 1 in case 15/01650 dated 21 February 2017

    Paris Court of Appeal, Pôle 1, Chambre 1

    Decision summary
    The court annulled the 24 October 2014 arbitral award, holding that its recognition or enforcement would violate French international public policy by benefiting Mr [K] from the proceeds of criminal activities. It rejected Mr [K]'s claim for damages for abusive proceedings and ordered him to pay EUR 300,000 to the Kyrgyz Republic under article 700 of the French Code of Civil Procedure.

    Supporting details

    4 authorities · 10 participants
    Kyrgyz Republic
    Representative
    Center of Court Representation (For: Kyrgyz Republic)
    Representative
    SCP AFG (For: Kyrgyz Republic)
    Representative
    Alain Fisselier (For: Kyrgyz Republic)
    Mr [B] [K]
    Representative
    SELARL Pellerin - De Maria - Guerre (For: Mr [B] [K])
    Representative
    Florence Guerre (For: Mr [B] [K])
    Paris Court of Appeal, Pôle 1, Chambre 1
    Judge
    Guihal
    Judge
    Le Bars
    Judge
    Chalbos

    Authorities cited

    4
    • French Code of Civil Procedure, article 1520(5)
      statute
    • United Nations Convention Against Corruption, Mérida, 9 December 2003, article 23(1)
      treaty
    • Agreement on the Promotion and Protection of Investments between the Republic of Latvia and the Kyrgyz Republic, 22 May 2008
      treaty
    • 1976 UNCITRAL Arbitration Rules (UNCITRAL Arbitration Rules (1976))
      arbitration rules

    5 years, 1 month and 2 days later · 1856 days

  3. 23 March 2022France

    23 March 2022France

    Judgment of the French Court of Cassation, First Civil Chamber in case W 17-17.981 dated 23 March 2022

    French Court of Cassation, First Civil Chamber

    Case no.
    W 17-17.981
    Decision summary
    The court dismissed Mr [K]'s appeal and upheld the annulment of the arbitral award. It held that the Paris Court of Appeal properly examined whether recognition or enforcement would be compatible with international public policy and correctly found a characterised violation because enforcement would benefit Mr [K] from the proceeds of criminal activities.

    Supporting details

    2 authorities · 9 participants
    Mr [B] [K]
    Representative
    SARL Ortscheidt (For: Mr [B] [K])
    Kyrgyz Republic
    Representative
    Center of Court Representation (For: Kyrgyz Republic)
    Representative
    SCP Piwnica et Molinié (For: Kyrgyz Republic)
    French Court of Cassation, First Civil Chamber
    Judge
    Chauvin
    Judge
    Hascher
    Advocate General
    Poirret
    Other
    Court Reporter
    Vignes

    Authorities cited

    2
    • French Code of Civil Procedure, article 1520(5)
      statute
    • United Nations Convention Against Corruption, Mérida, 9 December 2003, article 23(1)
      treaty

Matter record

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Mr [B] [K] v Kyrgyz Republic (French Court of Cassation W 17-17.981) · Matter