Dispute Resolution Practice
GRATA’s Dispute Resolution practice significantly varies from the practices of other local and international law firms in Kazakhstan. Our main distinctions are that our team consists of lawyers who have been previously employed at the best international law firms and our commitment to provide a high level of service within the budget of local law firm. Moreover, our team includes former judges with extensive experience exceeding 30 years of work in courts of different kinds, allowing us to use this experience in the interests of our clients. Our third distinction is that GRATA’s Dispute Resolution practice focuses primarily on litigation and dispute issues, making us specialists in the complexities of litigation commanding more extensive knowledge than other law firms’ lawyers, who usually focus their practice on different areas of law and offer representation in courts in addition. The fourth distinction is that, unlike the majority of international law firms, we offer a fixed rate, while in some cases we can offer a payment depending on the results of the court proceedings. Finally, the most important, distinction is that key decisions offered to the client are discussed by a legal team comprised of two or three lawyers, enabling us to make a deliberate and efficient team decision.
- Advising and representing in courts over bankruptcy and rehabilitation procedures.
- Protection against illegal takeover;
- Pretrial dispute settlement;
- Representation in courts (civil and administrative proceedings, court proceedings involving state agencies);
- Representation in arbitration proceedings;
- Legal support during enforcement proceedings (development of plans for protection of debtors);
- Enforcement of court acts and arbitral awards;
- Injunctive relief measures in foreign arbitrage proceedings;
- Legal due diligence including internal investigations;
- Advising on structuring of transactions and investments from a dispute resolution point of view (issues concerning applicable law, legal venue, investment protection according to international law);
- Legal support during inspections carried out by state agencies.
Asialaw Leading Lawyers 2017 - Ranked "Outstanding" in Kazakhstan
"Strengthened by former judges with extensive dispute resolution experience, GRATA is a well-established name in litigation circles and has one of the strongest practice teams in Kazakhstan. Bakhyt Tukulov is representing a Russian oil and gas company in a dispute about transportation and storage fees against a transport company. He is also advising a leading engineering and construction company on a $50 million debt recovery matter. In another case, Tukulov advised a Chinese company on cross-border debt recovery in Kazakhstan."
- representing large international construction company in Kazakhstan in a dispute over invalidity of transactions worth over USD 200 million;
- litigation in aid of international arbitration for the recovery of over USD 46 million in damages from large Kazakh producer of oil & gas;
- representing major Turkish construction contractor in a complex dispute with a customer arising out of several contracts worth approx. USD 40 million;
- representing one of the world’s largest suppliers of consumer goods in a dispute with customs authorities of Kazakhstan over payment of royalties worth approx. USD 10 million;
- representing the winner of a tender for the supply of electric equipment worth approx. USD 9 million in a dispute initiated by a participant of the tender to challenge the results of the tender and invalidate the supply agreement;
- representing a large German engineering and industrial company in a dispute with a subcontractor arising out of an USD 8 million services agreement;
- representing one of the largest Kazakh cement producers in the Supreme Court in a dispute with local Environmental Department over the recovery of alleged damage inflicted upon environment;
- representing a large foreign owned Kazakh bank in a dispute with state authorities of Kazakhstan;
- representing one of the world’s largest suppliers of industrial equipment in several disputes over the recovery of equipment operated by lessees in Kazakhstan under financial lease arrangements;
- representing one of the world’s largest suppliers of consumer goods in intellectual property litigation with a reseller of counterfeit products.
- representing and advising one of Kazakhstan’s largest producers of food in a dispute with local environmental and tax departments over alleged excessive pollution of the environment and potential monetary liability of approx. USD 1.5 million;
- representing a leading Bulgarian pharmaceutical company in a civil dispute seeking invalidation of a regulatory authority’s restriction to register a medicine;
- representing a large Indian bank in a dispute over recovery of debt in excess of USD 7 million under a loan agreement;
- representing a large Dutch bank in pre-trial negotiations and foreclosure proceedings with a Kazakhstani pledgor in relation to the recovery of debt under a loan agreement worth approx. USD 24 million;
- representing one of the largest international banks in Kazakhstan in a dispute with a foreign borrower and Kazakhstani pledgor over recovery of approx. USD 5 million under a loan agreement and related transactions;
- representing one of Kazakhstan’s largest oil and gas construction companies in a series of multimillion dollar construction disputes and related disputes with various contractors and customers.
- representing a Ukranian metal trader in the dispute with the State Joint Stock Railway Company of Uzbekistan for the recovery of principal debt, penalty and legal costs of 600.000 US dollars.
- representing a Ukranian metal trader in the dispute with a wholesale trade company of Uzbekistan for the recovery of principal debt of 50.000 US dollars.
- defence of a subsidiary of the international producer of consumer goods in Uzbekistan under the claim from a local distributor for the recovery of the lost income of 750.000 US dollars.
- representing the subsidiary of a German producer of construction materials in Uzbekistan in the dispute for cancellation of the state decision binding the client to pay additional taxes and financial sanctions for delay in tax payments of 400.000 US dollars.
- representing a producer of vehicle spare parts in Uzbekistan in the dispute for cancellation of the state decision binding the client to pay additional customs duties and VAT on import of 45.000 US dollars.
- representing a legal entity of Uzbekistan in the dispute on recognition of the ownership right in respect of the share in the charter fund of limited liability company earlier assigned to third party that is not a company founder.
- representing the representative office of a British television and radio broadcasting company in Uzbekistan in the dispute on the restoration of labour relations and compensation for losses.
- defence of the representative office of a Polish pharmaceutical company in Uzbekistan under the claim related to the compensation for damage and moral damage caused by illegal termination of labour relations.
- representing a Russian subsidiary of one of the major international entertainment channels in a series of disputes with cable operators on enforcement and recovery of indebtedness under license agreements;
- representing a Russian dealer of one of the largest world’s automotive manufacturers in proceedings in connection with protection of the rights of vehicles’ purchasers;
- representing a Russian business unit of a large European pharmaceutical company within pre-trial and court settlement of labor disputes related to dismissal of personnel thereof;
- representing a Russian manufacturer of agricultural products in a legal proceeding upon a claim for invalidity of real estate purchase and sale contracts entered into in the course of implementing a project for acquisition of municipal lands;
- contesting a decision of the Department of the Federal Supervisory Service for Healthcare for Moscow and Moscow Region on holding a Russian business unit of an international pharmaceutical company administratively liable for violation of licensing terms and conditions when conducting its business activity;
- representing a Russian manufacturer of agricultural products in legal proceedings initiated by a municipal authority claiming for invalidity of a registered ownership of a non-residential premises;
- representing a Russian manufacturer of agricultural products in legal proceedings in connection with contesting decisions of the Department of the Federal Service for State Registration, Cadaster and Cartography for the Moscow Region on the state registration of a restriction on disposal of a land plot as well as a decision of the municipal district administration (Moscow Region) on refusal to let land plots into lease;
- representing one of the world’s largest manufacturers of ceramic ware in a tax litigation in connection with license fee recordkeeping;
- representing one of the largest Russian manufacturers of polyethylene products in a tax litigation related to recordkeeping of marketing and leased property insurance costs and expenses.
REHABILITATION AND BANKRUPTCY:
- Advising and representing a major Kazakhstan oil company - debtor in court proceedings over rehabilitation (administration);
- Advising and representing a top-tier American oilfield service company - a creditor of Kazakhstan oil company - debtor in court proceedings over rehabilitation (administration);
- Advising and representing a large German pharmaceutical company - creditor of Kazakhstan agricultural service company-debtor in court proceedings over rehabilitation (administration);
- Advising an international Swedish publishing company on issues relating to bankruptcy of its subsidiary in Kazakhstan;
- Advising an international company engaged in the manufacturing of rubber products on issues relating to bankruptcy of its subsidiary in Kazakhstan;
- Advising a major Kazakh telecommunication company on bankruptcy of its shareholder in Kazakhstan;
- Advising and representing a major Kazakh industrial holding company - debtor in court proceedings over rehabilitation (administration);
- Advising and representing a large European trading company - creditor in court proceedings over rehabilitation (administration) of a debtor - supplier of petrochemicals;
- Advising a large Kazakh pharmaceuticals company on certain aspects bankruptcy proceedings under Kazakh law;
- Advising and representing a major Kazakh construction company - a third party in court proceedings over bankruptcy of a debtor;
- Representing a syndicate of European banks - secured creditors of a major Kazakh agricultural holding company in court proceedings over the debtor’s bankruptcy;
- Advising and representing a large European trading company - creditor of a major Kazakh company producing polyethylene pipes in court proceedings over the debtor’s rehabilitation (administration)
- representation of a large European bank in international arbitration in Kazakhstan;
- representing a subsidiary of large German supplier of natural gas in international arbitration initiated at the Kazakhstani International Arbitrage;
- representing a Ministry of Kazakhstan in pre-arbitration settlement negotiation with a foreign supplier;
- representing an international airport in the international arbitration in Kazakhstan in a dispute with a foreign airline;
- representing a foreign investor in the international arbitration seated in Kazakhstan in a dispute on the ownership of shares in a Kazakh minerals producing company;
- representing clients in a number of international arbitrations with their seat in Kazakhstan.
- representing a Kazakhstani oil & gas producer in pre-arbitration negotiations with a foreign supplier of equipment with respect to supplies worth approx. USD 300 000.
- representing a Russian company engaged in the goods production in the court authorities of the Republic of Uzbekistan in respect of the recognition and enforcement in Uzbekistan of the award of International Commercial Arbitration Court at the CCI of the Russian Federation under the claim against an Uzbek company for recovery of the debt of over 400,000 US dollars.
- representing a Ukrainian trade company in court authorities of the Republic of Uzbekistan on the enforcement of a court decision in Uzbekistan on recovery of the debt of over 1 million US dollars.
ENFORCEMENT OF JUDGMENTS OF KAZAKH COURTS AND FOREIGN ARBITRAL AWARDS:
- enforcement of a foreign arbitral award for the recovery of over USD 46 million issued against a large Kazakh producer of oil & gas;
- assisting a large international construction company in the enforcement of Kazakh state court judgment ordering recovery of over USD 35 million;
- enforcement of an arbitral award issued by a Kazakh arbitral institution for the recovery of over USD 30 million in favor of a leading Canadian industrial and engineering company;
- assisting a global producer of insulation materials in the enforcement of Kazakh state court judgment ordering recovery of over USD 1 million;
- assisting a large international construction company in the enforcement of judicial acts ordering invalidation of transactions;
- assisting clients in the taking of injunction measures and enforcement thereof, as well as appealing injunction measures.
- representing a foreign government in pre-dispute resolution negotiations with a local developer over the quality of a new embassy building;
- assisting one of the world’s largest law firms in a complex internal investigation conducted for the benefit of one of Kazakhstan’s largest producers of oil and gas over potential corruption charges;
- advising one of the best Central Asian air carriers on choice of forum and other jurisdictional matters in a multimillion dollar acquisition of aircraft.
- research at the request of a Magic Circle law firm in respect to potential fraud allegations involving a Kazakh company;
- advising on a wide variety of dispute resolution matters under Kazakh law, ranging from recognition and enforcement of foreign arbitral awards to asset search, legal due diligence, structuring of investments, and development of dispute resolution strategies.
- Advising of a British international rating company operating in Uzbekistan on legal chances of appeal against tax authorities.
- Advising of a trade company of Uzbekistan on legal chances of filing a claim against tax authorities.
|Bakhyt Tukulov||Partner, Director of Dispute Resolution Department||Almaty||Inquire|
|Eldar Ziatdinov||Director of Tax Law Department, GRATA International (Moscow)||Moscow||Inquire|
|Shakhrukh Usmanov||Partner, Director of Industry and Trade Department||Almaty||Inquire|
|Samat Daumov||Managing Partner, Branch Director||Ust-Kamenogorsk, Kyzylorda, Shymkent, Taraz, Kostanay, Astana, Kokshetau, Petropavlovsk, Pavlodar, Karaganda, Uralsk, Taldykorgan||Inquire|
|Nodir Yuldashev||Partner, Construction, Telecommunications, Transport, Tax and Litigation||Tashkent||Inquire|
|Dmitriy Tyan||Representative in Kyzylorda region and the town of Baikonur, Attorney||Kyzylorda||Inquire|
|Gulim Ratayeva||Representative in Pavlodar||Pavlodar||Inquire|
|Kamoliddin Mukhamedov||Senior Lawyer||Dushanbe||Inquire|
|Marat Atyshev||Representative in Shymkent and Taraz, Advocate||Shymkent, Taraz||Inquire|
|Yevgeniy Gorokhov||Head of Dispute Resolution Department, Attorney at law, GRATA International (Moscow)||Moscow||Inquire|
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12 May, 2017
GRATA International co-organised seminars with Mannheimer Swartling and Abritration Institute of SCC
Asialaw Profiles – the guide to Asia-Pacific’s leading lawyers and law firms has identified key legal practitioners in Kazakhstan
On 3 June 2016, the seminar titled ‘Modern Rehabilitation and Bankruptcy Practice’ will be held in Almaty (Kazakhstan) at the Ritz-Carlton hotel. GRATA International will be represented in the vent by the speakers - Shaimerden Chikanayev, Partner, Head of Banking and Finance Department, and Bakhyt Tukulov, Partner, Head of Litigation Department.
A new edition of the most authoritative international rating - Chambers&Partners Asia-Pacific Guide 2016 has been published this month.
Traditionally, Kazakh law has been very conservative in terms of enforcement of foreign judgments. According to general rule contained in the Code of Civil Procedure, which remained effective until 31 December 2015, Kazakh courts would recognize and enforce foreign court judgments only if there was an international treaty with relevant state on the mutual legal assistance. The number of such mutual legal assistance treaties has been very small (13+). None of the treaties were signed with western jurisdictions. As such, enforcement of judgments of English courts, for example, was not possible.
Dear Clients, Dispute resolution department of GRATA International due to the recent economic developments in Kazakhstan, plans to hold a seminar on 9 December 2015: "The New Civil Procedure Code" in Atyrau.
Dear Clients, Dispute resolution department of GRATA International due to the recent economic developments in Kazakhstan, plans to hold a seminar on 21 December 2015, topic:"The New Civil Procedure Code".
GRATA International was reviewed by Asialaw profiles 2016 as one of the leading experts and a premier law firm in Kazakhstan.
On 15 and 16 October 2015, the Training Centre of GRATA International organised training seminars
Litigation in Kazakstan
The Law 'On the Introduction of Amendments to Some Legislative Acts of the Republic of Kazakhstan on Improvement of Civil Procedural Law'
Dispute Resolution system in Kazakhstan
Chambers Asia Pacific has published the world’s leading guides to the legal profession across the globe since 1990.
On 17 November 2014 significant modifications were introduced into the Republic of Kazakhstan Code of Civil Procedure (CPC).
The dispute resolution practice at GRATA is headquartered in Kazakhstan, with eight fee earners and three members of support staff.
Kazakhstan’s court system is comprised of four tiers of courts: (i) Special District Courts and General District Courts; (ii) Appellate Courts; (iii) Cassation Courts; and (iv) the Supreme Court.
Chambers Asia Pacific has published the world’s leading guides to the legal profession across the globe since 1990.
Kazakhstan laws which govern enforcement of judicial acts were considerably amended in January of this year.
Thespeakers were Bakhyt Tukulov, Counsel at GRATA Law Firm and Fredrik Ringquist, Senior Assosiate at Mannheimmer&Swartling
The roundtable was organized by theInternational Tax and Investment Center (ITIC) and the Supreme Court of Astana.
A guarantee, as a means of securing the performance of a commercial obligation, is widely applied among businesses operating within the territory of Kazakhstan and abroad.
Why do so many wealthy businessmen strive to have their disputes resolved by the English courts?
The prevailing attitude of private businesses and local citizens towards foreign investment in Kazakhstan is positive.
In this article, the author aims to briefly analyze the main strategies available for mitigating some of the legal risks mentioned above in the hope that readers will find them helpful.
Established in 1997, the Young International Arbitration Group (YIAG) is an LCIA sponsored association for practitioners, students and younger members of the arbitration community.
Court Representation is a procedural activity performed on behalf of and for persons involved in a legal case.
In practice, it has long been the opinion that in order to win a case in the court this is usually decided on the basis of tossing a coin.
Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions.
In assistance to your business GRATA Law Firm is pleased to provide the following information, which may be useful for you and your company.
Why do companies go to arbitration courts? – They hope for objective, impartial and confidential dispute resolution.
Secondary liability of a director under the 2014 Republic of Kazakhstan Law “On Rehabilitation and Bankruptcy” refers to a situation where a director would be required personally to reimburse for the difference between the value of the company’s assets and the amount of creditors’ claims.
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