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ARTICLE · 18 MARCH 2016

Winter Is Coming: The Expanding Definition Of Assets In Freezing Injunctions

Muktar Ablyazov was once a member of the political elite in Kazakhstan and a protégé of its president, Nursultan Nazarbayev.

United KingdomLitigation, Mediation & Arbitration

In the recent case of JSC BTA Bank v Ablyazov [2015] UKSC 64, the UK Supreme Court has given important guidance on the scope of the standard form of freezing order issued by the English courts.

Background 

Muktar Ablyazov was once a member of the political elite in Kazakhstan and a protégé of its president, Nursultan Nazarbayev. In 1998 he was appointed to the coveted post of Minister of Energy, Industry and Trade. He used his position of influence to secure favourable business deals, including the acquisition of shares in Bank TuranAlem, which later came to be known as BTA Bank (“BTA”). 

In late 2001, Ablyazov broke ranks with Nazarbayev’s ruling party, citing disenchantment with corruption in the president’s inner circle. He co-founded an opposition movement, Democratic Choice of Kazakhstan, to challenge the Nazarbayev regime. It was not long before Ablyazov was arrested. The charge was ‘abusing official powers as a minister’. Unsurprisingly, the

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