Summary of the Dispute between Romak and the Government of Uzbekistan

Key players:

Romak

International grain trading group with headquarters in Geneva, and parent company of Romak USA based in Kansas City, Missouri.

Uzkhleboprodukt

Uzbekistan State Share Holding Corporation responsible for ensuring grain purchased for the needs of the state.  Formerly the State Grain Ministry.  Established by a Decree of the President supported by a Resolution of the Council of Ministers and subsequent Order of the Council of Ministers.  These documents stipulate that the Government retains 51% ownership, approves management, and directs the activities of the company.  Uzkhleboprodukt’s Charter states clearly that the company is directly accountable to the Council of Ministers. (see also: Comments on Council Resolution, and Comments on Uzkhleboprodukt’s Charter)

Uzdon

Foreign trade subsidiary of Uzkhleboprodukt.  Uzdon’s charter is signed by the Director of Uzkhleboprodukt and states that Uzdon is a constituent part of Uzkhleboprodukt.  Uzdon’s letterhead and the company’s official stamp both include Uzkhleboprodukt. (see also: Comments on Uzdon’s Charter)

Odil

Uzbekistan based private trading company with same ownership as Adil

Adil

Kazakstan based private trading company with same ownership as Odil

 

The facts:

Documents referenced:

Presidential Decree of April 22, 1994 establishing Uzkhleboprodukt

Resolution of the Council of Ministers of June 20, 1994 establishing Uzkhleboprodukt

Order of the Council of Ministers of June 24, 1994 establishing Uzkhleboprodukt

Uzkhleboprodukt’s Charter

Uzdon’s Charter

Contract between Romak and Uzdon

Addendum to contract between Romak and Uzdon

Guarantee of Uzdon and Uzkhleboprodukt

Sample falsified Customs Declarations

Fax of October 24, 1996 from Uzdon/Uzkhleboprodukt

Fax of February 15, 1997 from Uzdon/Uzkhleboprodukt

Fax of February 18, 1997 from Uzdon/Uzkhleboprodukt

Fax of March 20, 1997 from the Office of the President of Uzbekistan

Fax of April 10, 1997 from Uzdon/Uzkhleboprodukt

Letter of April 7, 1997 from Uzdon's lawyer

GAFTA Arbitration Ruling

GAFTA Arbitration Ruling cover letter

GAFTA Arbitration Ruling (Russian Translation)

Fax of February 9, 1997 from Uzdon/Uzkhleboprodukt to GAFTA

Fax of February 19, 1997 from Uzdon/Uzkhleboprodukt to GAFTA

GAFTA Appeal Ruling

High Court of Justice in London Ruling

High Court of Justice in London Ruling (Russian Translation)

High Court of Justice in London Judgment

High Court of Justice in London Judgment (Russian Translation)