Arbitration - The Times Of Central Asia

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Kashagan

Kazakhstan’s $5 Billion Kashagan Fine Moves Into New Legal Phase

Kazakhstan has escalated its dispute with the foreign investors behind the Kashagan oil field, warning the consortium’s managing director that he could face administrative and criminal liability over its failure to pay an environmental fine of nearly $5 billion. The warning to Giancarlo Ruiu, managing director of North Caspian Operating Company, was reported by Reuters, which cited two sources and a document it had reviewed. NCOC’s shareholders include Eni, ExxonMobil, Shell, and TotalEnergies, each with a 16.81% stake; Kazakhstan’s state-owned KazMunayGas, with 16.88%; CNPC, with 8.33%; and Inpex, with 7.56%. The dispute began after the Department of Ecology for the Atyrau Region inspected the consortium’s production facilities in 2022 and identified about ten alleged violations. Inspectors said that by November 1, 2022, more than 1.7 million metric tons of sulfur had accumulated at a storage site within the Bolashak oil and gas processing complex. NCOC’s permit allowed it to store no more than 730,000 tons. According to the environmental authorities, the operator had exceeded the permitted limit by more than twofold. In early 2023, the regional environmental department issued a notification seeking 2.356 trillion tenge in penalties, equivalent to about $5.4 billion at the exchange rate at the time. NCOC rejected the allegations and maintained that its sulfur-handling operations complied with Kazakh law and the permits issued for the project. The proceedings continued for more than three years. In August 2025, a court set aside the original notification because of procedural deficiencies in the way it had been issued. The ruling did not dismiss the environmental allegations themselves. The authorities subsequently issued a new notification, allowing the case to proceed. After further domestic proceedings, the Atyrau Regional Court upheld the penalty on June 19, allowing the ruling to enter into force. It later emerged that members of the consortium had been aware of the risk posed by the growing sulfur stockpiles for years. In 2017, Eni warned that the project was heading towards exceeding the permitted storage capacity. By late 2020, NCOC had also cautioned that Kazakhstan’s new Environmental Code, adopted the following year, would increase the risk of substantial penalties. According to internal documents reported by Bloomberg, Eni executives proposed processing more of the sulfur for sale on international markets. ExxonMobil, TotalEnergies, CNPC, and Inpex were not planning comparable measures at the time, while KazMunayGas had yet to settle on a position. On July 14, Kazakhstan’s Ministry of Justice said the domestic court ruling had entered into force and gave NCOC until July 20 to pay voluntarily. The ministry said compulsory enforcement proceedings could begin if the consortium failed to meet the deadline. NCOC did not pay by July 20. The Justice Ministry subsequently warned Ruiu of possible liability for non-compliance, marking a further escalation in a dispute that had already moved beyond the original question of sulfur storage. The consortium continued to deny wrongdoing and maintained that the penalty could not be enforced while international arbitration proceedings were under way. Its foreign shareholders are separately challenging the fine...

Kashagan

Kashagan Operator Faces July 20 Deadline to Pay $4.9 Billion Environmental Fine

Kazakhstan says it will begin compulsory collection proceedings against the North Caspian Operating Company (NCOC), operator of the giant Kashagan oil field, if it does not pay a 2.3 trillion tenge ($4.9 billion) environmental fine by July 20. The deadline follows a domestic court ruling that has entered into legal force, even as the project’s foreign shareholders pursue international arbitration over the penalty. Deputy Minister of Justice Daniyel Vaisov announced the deadline on July 14. “Foreign companies currently have an obligation to pay 2.3 trillion tenge. If they fail to pay the fine by July 20, the Republic of Kazakhstan will proceed in accordance with the law, including enforcement proceedings and compulsory collection measures,” Vaisov said. However, in a statement to The Times of Central Asia, NCOC said a tribunal in parallel UNCITRAL arbitration proceedings had issued a restraining order prohibiting Kazakhstan from taking any measures to enforce the fine while the arbitration is pending. The company said the UNCITRAL proceedings had been initiated by Kazakhstan itself. NCOC and the contracting companies said they reject both the fine and the allegations underlying it and are contesting them through the UNCITRAL proceedings as well as the ICSID arbitration. They called on Kazakhstan to comply with the restraining order. The dispute stems from a 2022 inspection of Kashagan’s onshore processing facilities in the Atyrau Region. Environmental authorities said the operator had exceeded its permitted sulfur-storage limits, and the Ministry of Ecology and Natural Resources imposed the 2.3 trillion-tenge penalty in 2023. NCOC said it had obtained and maintained all required permits and had always conducted its sulfur management in full compliance with the law. The case has passed through several rounds of domestic litigation. On August 1, 2025, the Administrative Chamber of Astana City Court annulled the original penalty order because of procedural violations, without ruling on the substance of the environmental allegations. The ministry subsequently corrected the procedural defects and reissued the penalty later that month. An Astana court left the reissued fine in force on April 8, 2026. Vaisov said on July 14 that the ruling had entered into legal force. NCOC brings together Kazakhstan’s state-owned KazMunayGas and six foreign partners: Shell, TotalEnergies, Eni, ExxonMobil, CNPC, and Inpex. NCOC and the project’s six foreign shareholders have initiated treaty arbitration through the Washington-based International Centre for Settlement of Investment Disputes (ICSID), arguing that Kazakhstan’s conduct breaches protections owed to investors. Vaisov said the parties were finalizing the composition of the ICSID tribunal, which is expected to be completed by the end of July. “We believe the Republic’s actions regarding the alleged sulfur-storage permit violations are inconsistent with its obligations under international investment treaties, including its obligation to provide fair and equitable treatment to investors,” NCOC said. The Kazakh authorities maintain that the sulfur was stored in breach of environmental rules. The mechanics of compulsory collection may prove difficult. Nurlan Zhumagulov, executive director of the Energy Monitor Foundation, said that NCOC acts as the project’s operator while each shareholder markets its own...

Oil and Gas

Kashagan and Karachaganak: Will Kazakhstan’s Claims Lead to Changes in the Shareholder Structure?

The beginning of 2026 has been marked by a new round of confrontation between Kazakhstan and the international consortia developing the country’s largest oil and gas fields, North Caspian Operating Company N.V. (Kashagan) and Karachaganak Petroleum Operating B.V. (Karachaganak). Below is an overview of the current situation and the possible scenarios. Arbitration proceedings initiated in early 2023 have expanded from $16.5 billion to more than $170 billion. Over three years, Kazakhstan has secured preliminary victories on several claims, enough, in my view, to suggest that the era of foreign oil consortia dominating Kazakhstan’s strategic projects may be coming to an end. Ecology and NCOC Violations This week, Bloomberg reported in its article “Oil Majors Seek Arbitration Over $5 Billion Kazakh Sulfur Fine” that the NCOC consortium is filing in international arbitration to challenge a Kazakh court decision to collect 2.3 trillion tenge (KZT). The Bloomberg headline, however, presents the issue inaccurately. Environmental violations, including the excessive storage of approximately 1 million tons of sulfur, were identified during an inspection in March 2023, when the exchange rate stood at 451.71 KZT per $1. The rate later rose to 520-540 and currently stands at around 500 KZT per $1. According to investment forecasts, it may reach 600 KZT per $1 by the end of 2026. As a result, the dollar equivalent of the fine has decreased significantly. At the March 2023 rate, 2.3 trillion KZT amounted to approximately $5.1 billion. At 500 KZT per $1, it equals about $4.6 billion. At 600 KZT per $1, it would fall to roughly $3.8 billion, a difference of about $1.3 billion. After my earlier publications arguing that foreign consortia should be fined in foreign-currency equivalent at the exchange rate prevailing at the time of filing, the proposal was also raised in Parliament. Such an approach would be logical: the consortia export their oil and receive revenue in foreign currency, yet fines are imposed in tenge. After several rounds of appeals, the consortium lost what became the largest environmental dispute in Kazakhstan’s history, initially involving more than 20 systematic violations of environmental legislation. Correspondence between consortium members published in Western media indicated they were aware of the violations but considered remediation and compliance financially costly. NCOC’s annual revenue is approximately $10 billion. Media reports also stated that the consortium offered around $110 million, roughly 50 times less than the fine, for regional social programs in exchange for waiving environmental claims. Neither NCOC nor the Kazakh government confirmed such negotiations. In 2010-2011, similar environmental and tax claims against the Karachaganak consortium resulted in Kazakhstan receiving a 10% stake in the project. The current ownership structure of NCOC is: ENI (Italy) - 16.81% ExxonMobil (U.S.) - 16.81% CNPC (China) - 8.33% INPEX (Japan) - 7.56% TotalEnergies (France) - 16.81% Shell (UK) - 16.81% KazMunayGas (Kazakhstan) - 16.88% Total investment in Phase One of Kashagan is estimated at $60 billion. By analogy with Karachaganak, the environmental fine could hypothetically lead to an increase in Kazakhstan’s share by 5-7 percentage...

Legal

Kazakhstan Engaged in Legal Disputes with 20 Foreign Companies

Kazakhstan is currently involved in 20 legal disputes with foreign companies, a decrease from 26 cases in 2023, according to Yerlan Musabayev, Acting Director of the Department for the Protection of State Property Rights under the Ministry of Justice. “As of now, the Ministry is handling 20 cases involving claims totaling more than $7.5 billion,” Musabayev stated during a briefing in Astana. Of these, 13 are under review in international arbitration, five are in foreign courts, and two are in the pre-litigation stage. The reduction in the number of disputes reflects progress made over the past year, he noted. Among the Ministry's recent successes, Musabayev highlighted a key ruling by the High Court of Justice in London in favor of Kazakhstan in a case filed by Canadian uranium company World Wide Minerals (WWM). The dispute originated from Kazakhstan’s 1997 decision to deny WWM an export license for uranium and terminate a trust management contract for the Tselinograd Mining and Chemical Plant (now the Stepnogorsk Mining and Chemical Plant). The High Court ruling, issued on February 28, 2025, overturned a 2024 decision that had awarded WWM approximately $65 million. “Under the 2025 decision, the Republic of Kazakhstan has no obligations toward World Wide Minerals. It’s worth noting that the bar for appeals in UK courts is exceptionally high, fewer than 2% succeed,” Musabayev said. Another legal victory came in a case involving the Kazakh-Italian construction joint venture Todini Impregilo Kazakhdorstroy. The company had sought $20 million in claims, but the International Chamber of Commerce Arbitration Court in Paris dismissed all demands and ordered the joint venture to reimburse $277,000 in legal costs. Enforcement of the ruling required compulsory measures. “The Ministry of Justice is actively working to further reduce the number of disputes with foreign entities. Through coordinated efforts with other state bodies and the Government’s legal advisors, we’ve saved considerable budgetary resources, preserved Kazakhstan’s investment attractiveness, and strengthened the country’s international reputation,” Musabayev concluded. As previously reported by The Times of Central Asia, Kazakhstan resolved a long-standing legal battle with Anatolie and Gabriel Stati’s Tristan Oil in 2024, following protracted litigation over the nationalization of oil assets. Meanwhile, early reviews of certain production-sharing agreements in the oil sector could lead to new legal proceedings in the near future.

Legislation Security Export/Import Oil & Gas Investments Economy Rule of law Arbitration

Kazakhstan Ends Litigation With Moldovan Businessmen

After 15 years of litigation worldwide, a long-standing dispute between Kazakhstan and Anatol and Gabriel Stati, businessmen from Moldova, has ended. The Ministry of Justice of Kazakhstan has reported that the government, the National Bank of Kazakhstan, and representatives of Stati have signed a framework agreement. The parties, with the support and consent of leading creditors of Tristan Oil, have concluded a legally binding framework agreement on a peaceful and mutually acceptable resolution of the long dispute over oil and gas assets in Kazakhstan. As reported by the Ministry of Justice, the signatories have reached an agreement on mutually favorable terms that will lead to the termination of all legal proceedings and stop ongoing lawsuits in all jurisdictions. The specific terms of the agreement remain confidential. Daniel Chapman, CEO of Argentem Creek Partners, said, "We support the framework agreement and applaud President Kassym-Jomart Tokayev's decision to build a 'Just Kazakhstan' as part of his admirable reforms. The settlement of this dispute demonstrates Kazakhstan's compliance with international treaty obligations, which opens the door to increased investment and enhances its economic growth potential. We welcome a new era for Kazakhstan.” Argentem Creek Partners is the investment manager of specific funds that became lenders to Tristan Oil Limited, the investment vehicle of the Stati parties. According to Justice Minister Azamat Yeskarayev, "This agreement is made with the public interest in mind and does not involve the expenditure of public funds. We believe that this step will positively impact the attraction of new investments to our country and the economy's growth.” The legal battle between Stati and entities in Kazakhstan started in 2010. Lawsuits have been considered in the Netherlands, Belgium, Luxembourg, Sweden, the UK, and the United States. At one point, the assets of the National Fund of Kazakhstan were even frozen. The episode began in October 2008, when then President of Moldova,Vladimir Voronin, complained to Nursultan Nazarbayev that businessman Anatol Stati was using money received in Kazakhstan to sponsor the opposition in Moldova. Shortly thereafter, Stati's relationship with the authorities in Kazakhstan sharply deteriorated. A series of inspections initiated by state began, during which the unlicensed use of trunk pipelines, tax arrears, violations of license and contractual conditions under subsoil use contracts and other issues were discovered. According to experts familiar with the case against Stati, by that time the Moldovan businessmen had already decided to leave Kazakhstan and were preparing for these inspections, which would result in the termination of contracts. Therefore, by November 2009, they had amassed a lot of materials, which, in the hands of their lawyers could be used to argue that Kazakhstan was in violation of the regime of fair and equal treatment of investors under the Energy Charter Treaty. On July 21, 2010, the Ministry of Oil and Gas of Kazakhstan terminated the subsoil use contracts of the Stati companies Tolkynneftegaz LLP and Kazpolmunai LLP due to non-fulfillment of license and contractual terms. Five days after receiving the termination notice, on July 26, 2010, Stati filed...

Arbitration Telecommunication Turkmenistan

Russian telecom company files $750m arbitration case against Turkmenistan

ASHGABAT (TCA) — Russian telecommunications giant MTS has filed a case with a World Bank arbitration center for at least $750 million in compensation from Turkmenistan for the forced closure of its daughter company in the Central Asian country. Continue reading