International Court of Arbitration of the International Chamber of Commerce in the city of Paris made a decision in favor of the Republic of Kazakhstan

On February 16, 2018, the Italian construction company JV "Todini Impregilo Kazakhdorstroy" filed a lawsuit against the Roads Committee of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan (hereinafter referred to as the “CoR”) before the Arbitration Institute of the International Chamber of Commerce (ICC) on the amounts to be paid according to the decision of Dispute Adjudication Board (hereinafter - DAB) dated April 14, 2017. The amount of the claim was USD 20.3 million, with the right to increase to USD 32 million.

The dispute arose within the framework of the project "Almaty - Khorgos" of the International Transit Corridor "Western Europe - Western China" in the framework of the loan agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development.

On March 18, 2019, the ICC International Court of Arbitration in the city of Paris made a decision in favor of the Republic of Kazakhstan. The decision determined that the DAB has no jurisdiction to consider a dispute that has arisen between the CoR of MIID of the RoK and the JV "Todini Impregilo Kazakhdorstroy". Thus, the decision of the DAB dated April 14, 2017, made against the CoR, is not enforceable. The Court of Arbitration has also dismissed all the Claimant’s subsequent claims against the Republic regarding this dispute. The representation and protection of state interests in this case is provided by the Ministry of Justice of the Republic of Kazakhstan. The law firm “Curtis, Mallet-Prevost, Colt & Mosle LLP” was attracted as a consultant.