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Belgium 15
Cour d’Appel, Brussels, Seventeenth Chamber, Civil Cases, 16 November 2021, Case no. 2020/AR/252
(Republic of Kazakhstan v. Anatolie Stati et al.)
Belgium 15
The Court of Appeal granted the appeal filed by the Republic of Kazakhstan against the first instance decision granting recognition and enforcement of an SCC award rendered in favour of Anatolie and Gabriel Stati and three companies they controlled. The Court found that the Statis had supplied incorrect information to the arbitrators, and that as a consequence the award was tainted by fraud. The Court further stressed that as a court of secondary jurisdiction it would not review the merits of the SCC award, and that the Swedish court decisions upholding the award were irrelevant in the enforcement proceedings.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.