JSC BTA BANK V ABLYAZOV

[2011] EWHC 202 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Teare, 10 February 2011

Procedure - Stay - International law - Human rights - Non-justiciability - Act of state doctrine - Public policy

The claimant Kazakh bank had been taken over by the state. Mr Ablyazov was its former chairman and this action was to recover funds from the bank allegedly dissipated by him. Mr Ablyazov for his part asserted that the action was politically motivated. Mr Ablyazov and three of his co-defendants had applied to stay four actions in the court. The claimant bank applied to dismiss those applications. This was the hearing of two preliminary issues, namely: (i) whether the stay applications raised issues which were not justiciable by the court; and (ii) whether it was arguable that the actions involved the indirect enforcement of foreign penal, revenue or other public law.