Summary

IN RE EX PARTE APPLICATION OF JOINT STOCK COMPANY BELARUSIAN POTASH COMPANY for an order pursuant to 28 U.S.C. § 1782 to conduct discovery for use in foreign proceedings.

JOINT STOCK COMPANY BELARUSIAN POTASH COMPANY'S EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782 TO TAKE DISCOVERY FROM J.P. MORGAN CHASE & CO., CITIBANK, N.A., THE BANK OF NEW YORK MELLON, DEUTSCHE BANK TRUST COMPANY AMERICAS, AND BANK OF AMERICA, N.A., FOR USE IN FOREIGN PROCEEDINGS

1. JOINT STOCK COMPANY BELARUSIAN POTASH COMPANY ("BPC") respectfully submits this ex parte application pursuant to 28 U.S.C. § 1782 ("Section 1782") for this Court's assistance to conduct discovery for use in foreign proceedings (the "Application"). In support of the Application, BPC submits a Memorandum of Law and the Declaration ... together with the exhibits attached thereto.

2. The Application seeks the issuance of document subpoenas to J.P. Morgan Chase & Co. ("J.P. Morgan"), Citibank, N.A. ("Citibank"), The Bank of New York Mellon ("BNY Mellon"), Deutsche Bank Trust Company Americas ("Deutsche Bank"), and Bank of America, N.A. ("Bank of America"), collectively the "Correspondent Banks," in connection with foreign proceedings in Panama and/or other fora with jurisdiction over Continental Trading Resources S.A. ("CTR") and/or its assets for recognition and enforcement of an arbitration award (the "Foreign Proceedings"), which is described in detail herein and in the Memorandum of Law submitted in support of this Application. The arbitration award was issued by the London Court of International Arbitration (the "LCIA") located in London, United Kingdom in favor of BPC against CTR for nonpayment. Because CTR is registered in Panama, BPC has commenced proceedings in Panama seeking recognition and enforcement of the arbitration award, and will be a party to any other Foreign Proceedings. BPC invokes Section 1782 to seek this Court's assistance, as BPC is seeking to discover where CTR's assets are located in order to determine where to bring the Foreign Proceedings, and banking records from the Correspondent Banks of CTR's transactions contain information that is both relevant and important to the Foreign Proceedings.

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