Stans Energy Corp V.HRE.H

RE:RE:RE:My attempt to explain where Stans is in its litigation

[Kaliahk]

An appeal on the merits is different than a challenge to jurisdiction. I do not claim to be any expert at international arbitration, but in the US one of the few grounds that can be used to challenge enforcement of a judgment of one state in another is lack of jurisdiction. It appears from the most recent decision that the Canadian courts do not believe that the issues surrounding that award have been finally resolved, and that they are going to wait until the Russians conclude their proceedings before either releasing the shares or requiring them sold in satisfaction of the award if valid. While Stans has accurately reported what has happened, I do not believe that they have given a very clear explanation of what it means and what remains to be done before it obtains satisfaction of the award. Even to a lawyer, the opinion of their Russian counsel provided on their website is convoluted and unclear (can you understand it?). As a result, I am basing my conclusions solely on the recitation of facts given by the Canadian court. Also, I am not saying that Stans will not ultimately prevail. However, it appears that there remains an issue of jurisdiction and the decision of in the ex parte proceeding brought by the Kyrgs leaves me with some doubt as to whether the original tribunal did have jurisdiction, which is not clarified by the legal opinion of Russian counsel posted on the Stans website. I do not think we will know the answer to that until the tribunal rules. In the interim, other pressures on the Kyrgs may force them to resolve their case with Stans independent of any legal recourse they may or may not have. We will see. I wish Stans would post the briefing by them and the Kyrgs before the Canadian court in this last go around so we would have a better understanding of the relative positions being taken, or post a legal opinion by its Canadian counsel on the issues that is comprehensible. Again this is not intended as legal or investment advise, but a suggestion that anyone making investment decisions concerning Stans do due diligence and get answers to these questions.