For over 25 years, GRATA International has represented international and local construction companies in courts and arbitrations of Kazakhstan and other CIS countries and contributed to the effective settlement of most complex commercial disputes in the area of construction.
With GRATA, you will have the support of one the largest and most experienced teams in construction disputes resolution. We represent construction and infrastructure companies, developers, banks and other financial institutions, equipment suppliers, and service and management companies in all types of commercial litigations at any stage of a construction project.
Our key advantage is in-depth knowledge of the industry, which allows us not to waste time learning business specifics in the area of construction but to offer practical solutions proven by many successful proceedings of a similar kind. Therefore, we not only contribute to the settlement of disputes in the clients’ favour but also assist our clients in managing their expenditures and obtaining quality services at a reasonable price.
Our high-level performance and acknowledgement by clients is supported by high ratings issued by international resources such as the Legal 500, Chambers and Partners, Who's Who Legal, and many others. Our dispute resolution practice recognised as top ranked in Kazakhstan in 2014 by Chambers Global. GRATA was recognized as the Construction Law Firm of the Year in Kazakhstan in 2011, the Energy Law Firm of the Year in Kazakhstan in 2013 by Acquisition International M&A Awards, and as the Highly Recommended Law Firm by AsiaLaw Profiles in 2014 in the area of Construction and Real Estate and Energy and Natural Resources.
Our team of dispute resolution experts offers to our clients services in the following areas:
- Pre-trial dispute settlement;
- Representation in courts (civil and administrative litigation, proceedings involving state authorities);
- Representation in international and domestic arbitrations;
- Legal support in enforcement proceedings;
- Enforcement of judgments and arbitral awards;
- Seeking interim relief to secure the claim within foreign arbitrations;
- Legal due diligence of construction projects, including internal investigations;
- Legal advising on structuring of transactions and investments from a dispute resolution perspective (choice of law, jurisdiction, investment protection under the international law);
- Legal support in the course of audits by state authorities.
Brochure: Construction Disputes in Kazakhstan
OUR RECENT EXPERIENCE
- Representing OGCC KazStroyService JSC, the Kazakhstani largest infrastructure construction company, in several connected proceedings with a subcontractor in relation to the subcontractor’s claim for the reimbursement for additional works for over 5 bln tenge, counterclaims from the general contractor for the refund of advance payment and levy of execution upon the bank guarantee for advance payment refund, and rehabilitation issues, as well as appeal against interim relief and actions of bailiffs;
- Representing ENKA Insaat ve Sanayi A.S, one of the world’s largest construction companies, in a dispute with a Kazakhstani customer in relation to construction of the largest office, commercial, and residential facility in Almaty, Kazakhstan. This project included several simultaneous proceedings in various instances on reconsideration of judicial acts upon discovery of new facts, invalidation of work acceptance acts, and recovery of debt, etc.;
- Representing OGCC KazStroyService JSC, the Kazakhstani largest infrastructure construction company, in several related proceedings with the general contractor for recovery of reimbursement for additional works for over 600 mln tenge, and in judicial proceedings on counterclaims brought by the general contractor for the recovery of debt;
- Representing the genral designer in the proceedings with a customer in relation to the project design development for several large railroad facilities. The project included several simultaneous proceedings in various instances on reconsideration of judicial acts upon discovery of new facts, validation of work acceptance acts, and recovery of debt, etc.;
- Representing the general contractor in the proceedings with a customer on recovery of the debt of over 1 bln tenge and seeking respective work cost increase in connection with the devaluation of the national currency – tenge;
- Representing and advising the largest supplier of telecommunications equipment in pre-trial negotiations with a customer in relation to the increased cost of construction of a cellular telecommunications network triggered by the devaluation of the national currency – tenge;
- Representing a large infrastructure construction company in the proceeding with a customer in relation to the recovery of reimbursement for additional works for over 5 bln tenge, caused in connection with the construction of Kazakhstan’s largest industrial oil and gas facility;
- Advising a large infrastructure construction company in the proceedings with a customer in relation to the recovery of reimbursement for additional works taken place in the course of the construction of Kazakhstan’s largest petrochemical facility;
- Representing one of the largest European project designers in the dispute with a Kazakhstani customer on the recovery of design work cost in connection with the construction of a trade center in Almaty, Kazakhstan.
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During an IV meeting of the German-Uzbek Business Council which was held in Tashkent, Prime Minister of Uzbekistan Abdulla Aripov invited the largest German companies to open their business in the Republic of Uzbekistan.
The authorities of Uzbekistan are planning to create three small tourist zones in the Surkhandarya region. Relying to the Resolution of the Cabinet of Ministers, the Basnoi, Sariasiy and Sherabad zones will be established for the development of tourism in the region.
In Uzbekistan, it was adopted Presidential Decree, "On measures to further stimulate the development and growth of export potential of leather and footwear and fur industries”.
SkyPower Global (Cayman Islands) will invest US$1.3 billion in a project to build photovoltaic solar energy facilities.
On May 4, 2018, it was signed the Presidential Decree, "On measures to radically increase the role of civil society institutions in the process of democratic renewal of the country", which will amend current regulating system of NGOs, specifically:
World Bank Group President Jim Yong Kim met with Uzbek President Shavkat Mirziyoyev to discuss Uzbekistan’s social and economic transformation and to reaffirm the World Bank Group’s support for reforms to accelerate economic growth and boost shared prosperity, the World Bank reported.
The companies of Uzbekistan and the US signed a number of agreements in the oil and gas sector and energy within the framework of the visit of the President of Uzbekistan Shavkat Mirziyoyev to Washington.
Uzbekistan and leading US companies signed agreements worth about US$5 billion.
The Central Bank of Uzbekistan posted the draft Precious Metals and Precious Stones Bill for public consultation. The bill provides for that gold bullions may be used (purchased) by individuals and legal entities, including non-residents of the Republic of Uzbekistan, as investments.
Uzbekistan and Turkey signed an agreement on the protection of the rights of migrant workers and members of their families.
12th Azerbaijan International Agriculture Exhibition (Caspian-Agro 2018) / 24th Azerbaijan International Food Industry Exhibition (WorldFood Azerbaijan 2018) was held on 16-18 May 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA Azerbaijan.
AmCham Members May Luncheon was held on 3 May 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA Azerbaijan.
GRATA International became a sponsor of the SOCAR III International Caspian and Central Asia Downstream. The event was held on 23-26 April 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA International Azerbaijan.
"Doing Business in Azerbaijan” Presentation (Center for Analysis of Economic Reforms and Communication) was held on 26th April 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA International Law Firm (Office in the Republic of Azerbaijan).
This article is to discuss legal issues that may arise under Polish civil law in connection with the conclusion of a preliminary sale agreement and payment by the purchaser prior to execution of the final sale agreement of the amount which may be classified, depending on the parties’ decision, either as an earnest money (in Polish: zadatek) or as an advance amount (in Polish: zaliczka).
As of 30 April 2018, a package of five legal acts adopted on 6 March 2018 aimed at facilitating business activity entered into force in Poland.
Under the Polish law, a foreign entrepreneur may, based on the reciprocity principle, set up its branch in the Republic of Poland. The scope of the branch's activity may include only the activity that is performed by the entrepreneur in the country of its incorporation.
In generally, the relationship between a landlord and a tenant is governed by a contract. That contract is referred to as the lease. A lease is an agreement between the landlord and the tenant in which the landlord agrees to allow the tenant to occupy a building or a piece of property owned by the landlord generally in return for the payment of periodic rent. Any issues relating to landlord/tenant law must initially be looked at in terms of what the lease calls for as to the respective rights and obligations of two parties.
New Law on National Payment System, dated 31 May 2017, shall become effective from 1 January 2018. The importance of the new law is an integrated payment system launch between the Central Bank, commercial banks, legal entities, other financial institutions and individual customers. As result of the law enactment, the Central Bank will be able to control all payment transactions of all participants of Mongolia financial market.
As the Central Asia’s largest and richest country, Kazakhstan has a lot of natural advantages for the development of renewables, including 3,000 hours of solar radiation a year and the average annual wind speed of nine meters per second in some parts of the country.
GRATA International has been recognised for its Deal of the Year 2017 by China Business Law Journal.
The insurance market in Kazakhstan is mainly regulated by two legal acts, namely, the Civil Code of the Republic of Kazakhstan dated 27 December 1994 (the “Civil Code”)and the Law of the Republic of Kazakhstan “On Insurance Activity” No.126-II dated 18 December 2000 (the “Insurance Law”).
Gulnur Nurkeyeva gave a speech on "The Second Global Law Firm Cooperation Forum and Lawyers' Private Advisory Board Conference" in Beijing on May 9, 2018 hostet by Beijing DHH Law firm.
On 23-25 April, the English Law Summit was held in Astana and Almaty, where GRATA International Law Firm took an active part.
The President of Kazakhstan, Nursultan Nazarbayev, signed, on 28 December 2017, the Law No. 128-VI on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Information and Communication (‘the Law’). Marina Kahiani and Lola Abdukhalykova, Partner and Associate at GRATA International, provide an analysis of the obligations under the Law, including user identification, data retention and data localisation provisions, applicable for telecommunications operators and website operators.
Kyrgyz law identifies insurance activity as an activity of organisations that have a license to provide services to individuals and legal entities for premium services, the subject of which are contractual specific obligations of the insurer in the event of an unknown event, with the distribution of risk among a large number of persons exposed to such a risk, calculated on the basis of the principle calculation of large numbers.
The Law on Advertising (2002) and Law on Medicines and Medical Devices (2010) are main laws to regulate advertising of medicines in Mongolia.
GRATA International law firm was appointed as a Member of the AIFC Court (the "Court") Users' Commitee and the International Arbitration Center (the "IAC") Users' Committee.
The rapid development of the energy sector in the Republic of Kazakhstan forced the state to actively focus on creating conditions for the use of renewable energy sources. EXPO-2017 have become an additional incentive for the development of renewable energy projects. However, the renewable energy sector is, relatively young in Kazakhstan and there are a number of issues that need to be discussed. Some of them we would like to discuss below.
As it is known, Kazakhstan adopted a new Code on Subsoil and Subsoil Use dated 27 December 2017 (“Code"), which comes into force on 30 June 2018.
On 19 April 2018, Yerbolat Yerkebulanov, partner of GRATA International (Subsoil Use Dept.) spoke on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”
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