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 SERVICES

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.
Name Position Contacts
Bakhyt Tukulov Partner, Director of Dispute Resolution Department Inquire
Eldar Ziatdinov Director of Tax Law Department, GRATA International (Moscow) Inquire
Shakhrukh Usmanov Partner, Director of Industry and Trade Department Inquire
Samat Daumov Managing Partner, Branch Director Inquire
Nodir Yuldashev Partner, Construction, Telecommunications, Transport, Tax and Litigation Inquire
Dmitriy Tyan Representative in Kyzylorda region and the town of Baikonur, Attorney Inquire
Gulim Ratayeva Representative in Pavlodar Inquire
Zeinebike Madybayeva Counsel Inquire
Kamoliddin Mukhamedov Senior Lawyer Inquire
Marat Atyshev Representative in Shymkent and Taraz, Advocate Inquire
Yevgeniy Gorokhov Head of Dispute Resolution Department, Attorney at law, GRATA International (Moscow) Inquire
Aidar Oruzbaev Lawyer Inquire
News 1 - 34 of 34
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15.08.2018

On the Court and Arbitration at the Astana International Financial Center: A Practical Perspective on What They Can Offer to Kazakhstani businesses

In early July this year we witnessed the opening of the Astana International Financial Center (AIFC). We have seen a large number of reports in the media on the Court and Arbitration at the AIFC, but little has been said specifically on what exactly they can offer to Kazakhstani businesses.

 

10.04.2017

Dispute Resolution in Infrastructure Projects - Practical Seminar

12 May, 2017

30.11.2016

Seminar: "Arbitration in Stockholm related to Kazakhstan"

GRATA International co-organised seminars with Mannheimer Swartling and Abritration Institute of SCC

09.11.2016

Asialaw Profiles 2017 ranked GRATA International among the best law firms in Kazakhstan

Asialaw Profiles – the guide to Asia-Pacific’s leading lawyers  and law firms has identified key legal practitioners in Kazakhstan

Risk of Secondary Liability of Directors under Kazakh Bankruptcy Law

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.

22.04.2016

Modern rehabilitation and bankruptcy practice

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.

17.02.2016

GRATA International was ranked by Chambers and Partners Asia-Pacific Guide 2016

A new edition of the most authoritative international rating - Chambers&Partners Asia-Pacific Guide 2016 has been published this month.

27.01.2016

Enforcement of English Court Judgments in Kazakhstan? Why not?

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.

22.12.2015

Rehabilitation Procedure under New Kazakh Bankruptcy Law: Another Way to Avoid the Claims of Creditors?

02.12.2015

GRATA International is organizing a seminar: "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 9 December 2015: "The New Civil Procedure Code" in Atyrau.

02.12.2015

GRATA International is organizing a seminar: "The New Civil Procedure Code" in Ust-Kamenogorsk

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".

20.11.2015

GRATA International received high appraisals from Asialaw profiles in 2016

GRATA International was reviewed by Asialaw profiles 2016 as one of the leading experts and a premier law firm in Kazakhstan.

26.10.2015

GRATA International Training Centre Held Training Seminars

On 15 and 16 October 2015, the Training Centre of GRATA International organised training seminars

27.07.2015

Dispute Resolution 2015 - Kazakhstan

Litigation in Kazakstan

29.04.2015

Draft of the Civil Procedural Code of the Republic of Kazakhstan

The Law 'On the Introduction of Amendments to Some Legislative Acts of the Republic of Kazakhstan on Improvement of Civil Procedural Law'

29.04.2015

Litigation: Kazakhstan

Dispute Resolution system in Kazakhstan

16.02.2015

GRATA Law firm is recommended as one of the leading law firms by Chambers Asia-Pacific 2015

Chambers Asia Pacific has published the world’s leading guides to the legal profession across the globe since 1990.

02.02.2011

Is confidential a confidential? Actual issues of confidentiality in arbitration

Why do companies go to arbitration courts? – They hope for objective, impartial and confidential dispute resolution.

11.02.2011

Risks minimization in the course of audits by state authorities of the Republic of Kazakhstan

In assistance to your business GRATA Law Firm is pleased to provide the following information, which may be useful for you and your company.

29.03.2011

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions.

29.06.2011

Innovations in the Enforcement Proceedings of the Republic of Kazakhstan

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.

01.07.2012

The Representation in Court

Court Representation is a procedural activity performed on behalf of and for persons involved in a legal case.

11.03.2013

An article entitled “The Scope of Arbitrability in Kazakhstan. Latest Amendments to Arbitration Law” written by Askar Konysbayev, Lawyer at GRATA Law Firm, was published in YIAG Winter 2013 Newsletter

Established in 1997, the Young International Arbitration Group (YIAG) is an LCIA sponsored association for practitioners, students and younger members of the arbitration community.

02.04.2013

Discussion of Available Means to Mitigate Legal Risks Faced by Foreign Investors Doing Business in the Republic of Kazakhstan

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.

26.12.2013

Getting the Deal Through. Investment Treaty Arbitration 2014

The prevailing attitude of private businesses and local citizens towards foreign investment in Kazakhstan is positive.

26.02.2014

Unconditional Bank Guarantees Issued Under Kazakhstan Law: Practical Difficulties Which Foreign Creditors Should Be Aware Of.

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.

13.01.2014

Comparative Analysis of Injunctive Relief Available under English and Kazakh law: Practitioner’s Perspective

Why do so many wealthy businessmen strive to have their disputes resolved by the English courts?

04.05.2014

An overview of important amendments into kazakhstan laws governing enforcement of judicial acts introduced in January 2014

Kazakhstan laws which govern enforcement of judicial acts were considerably amended in January of this year.

25.06.2014

Getting the deal through – dispute resolution 2014

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.

27.01.2015

Overview of Recent Significant Developments in the Civil Procedure Code of Kazakhstan

On 17 November 2014 significant modifications were introduced into the Republic of Kazakhstan Code of Civil Procedure (CPC).

04.08.2014

Kazakhstan - Law & Practice

The dispute resolution practice at GRATA is headquartered in Kazakhstan, with eight fee earners and three members of support staff.

12.05.2014

GRATA Law Firm is recommended as one of the leading law firms by Chambers Asia-Pacific

Chambers Asia Pacific has published the world’s leading guides to the legal profession across the globe since 1990.

10.04.2014

On April 4th, 2014 in the Supreme Court building in Astana a roundtable discussion on topical issues of customs and tax litigation took place.

The roundtable was organized by theInternational Tax and Investment Center (ITIC) and the Supreme Court of Astana.

29.04.2014

On April, 28 at Holiday Inn, Almaty the seminar “International Arbitration” organized By GRATA Law Firm jointly with Mannheimmer&Swartling, took place.

Thespeakers were Bakhyt Tukulov, Counsel at GRATA Law Firm and Fredrik Ringquist, Senior Assosiate at Mannheimmer&Swartling


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