At client’s request lawyers can take part in court proceedings on the basis of a power of attorney. This is usually used when the client cannot take part in the hearing personally. Assistance of a lawyer during court proceedings is of utmost importance. For instance, it is necessary to consider possible losses and penalties applicable when drafting a statement of claim. Taking all this into consideration early on can help secure a satisfactory outcome for the client.
• 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 a 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 re-seller of counterfeit products.
• 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
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On 11-14 October 2018 Elite Global Legal Alliance (EGLA) held its Fourteenth General Meeting & Investment and Financing Innovation Law & Commerce Forum.
On 28 September 2018 An Export Acceleration Mission for Oil, Gas and Energy in Almaty, Kazakhstan was held.
Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference (International Federation of Consulting Engineers and International Chamber of Commerce).
In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.
On 20 September 2018, CCI France-Kazakhstan (CCIFK) held a monthly meeting.
Amendments concern business operations relating to performance of works, rendering services and lease relations.
While rendering services, which results the customer can use during the term of the agreement, the date of completing this business operation shall be:
last calendar day of each month of provision of services and the last day of provision of services – if the term of the agreement exceeds one month;
last calendar day of the month, when provision of services is started, and (or) the day of completing of provision of services – if the term of the agreement does not exceed one month.
This Law determines legal conditions of concession, types of state support of concessionaire and regulates social relations arising during conclusion, execution and termination of concession agreements.
This Law determines legal conditions of public-private partnership, ways of its implementation, and regulates social relations arising during preparation and implementation of public-private partnership projects, execution, performance and termination of public-private partnership agreements.
With the approval of the National Development and Reform Commission (NDRC) of the People’s Republic of China, the 10th China Overseas Investment Fair (COIFAIR) was held at the China National Convention Center, PRC on 15-16 September 2018.
On 12 September 2018 Duane Morris & Selvam law venture held Ambassador Series dedicated to Kazakhstan event in Singapore.
As football developes and becomes more popular in Kazakhstan, the legal relationships and arrangements of the parties involved increasingly require compliance with legal formalities. A professional club, sportsman, coach and federations are guided by regulations approved by the international sports organisations and/or concluded contracts.
Although the Kazakhstan securities market is the most developed in Central Asia, its development has been slow compared to the country’s banking sector.
On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 was held in Almaty.
Despite the fact that Mongolian legislation provides for a wide range of legal forms of commercial entities (limited liability company or LLC, joint-stock company or JSC and joint venture), in practice, private businessmen and foreign investors mostly prefer LLC or JSC. Representative office of foreign legal entities is also common
Land relations can be a crucial issue for foreign investors considering whether or not to start a business in a particular country. Let us provide you with a summary of land legislation of Belarus and the opportunities it offers for business.
Dmitry Samigullin spoke on Business setup in Russia in Zurich.
On 29 August 2018, the Administration of Almaty (Almaty Mayor’s Office) has officially announced the public tender for participation in PPP project for development of design specification, construction, commissioning, financing, operation and technical maintenance of Almaty Light-Rail Transportation System (the “Project”).
The Law on Amendments Intended to Improve Business Conditions (the “Business Improvement Law”) came into effect on 12 March 2017, except certain provisions.
The purpose of the Business Improvement Law is to further improve the investment climate in line with the general policy of the country to support local entrepreneurs and foreign investors.
Federal Law No. 291-FZ dated 3 August 2018 (Law No. 291-FZ) provides for the establishment and operation of special administrative districts in the territories of the Russian Island (Primorsky Krai) and Oktyabrsky Island (Kaliningrad Region) to form an investment-attractive environment for Russian and foreign investors.
On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 will be held in Almaty.
Renewable energy development has recently become hot topic in Kazakhstan that is actively being discussed among market existing and potential participants, relevant state bodies including the Ministry of Energy of the Republic of Kazakhstan (the “MoE”), international development institutions and other stakeholders.
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.
Kazakhstan has high ambitions in China’s Belt and Road initiative (BRI) as it is geographically an ideal junction between China and the west.
During the Month of July 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
В июле 2018 года наибольшее количество обращений пользователей Mondaq по вопросам коммерческого права получила GRATA International (Россия).
С 01 июля 2018 г. вступили в силу изменения в 214-ФЗ (Федеральный закон «Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости» от 30 декабря 2004 года), которые значительно усилили требования к Застройщикам.
The competition law regulates matters related to the creation of conditions for fair competition in the market for business entities, identification and implementation of legal and organisational grounds for prohibition, restriction and prevention of any activities impeding competition.
On 17 July 2018, the Board of the Eurasian Economic Commission (EEС) adopted the following acts aimed at regulation of the general market of medicines in the Eurasian Economic Union (EAEU):
Federal Law No. 234-FZ of July 29, 2013 amended the Tax Code of the Russian Federation providing for the cancellation of the state duties for state registration of:
Rules relating to statute of limitation contained in the Civil Code of the Republic of Kazakhstan (the “Civil Code”) may seem relatively straightforward. However, in our practice we frequently encounter situations where rules relating to the calculation of the statute of limitation are erroneously applied or where their applications to relevant facts create disputes. In this article, the author has attempted to provide a practical perspective on some of the most frequently encountered questions relating to the statute of limitation under Kazakh law and express views on the interpretation of certain rules.
Yesterday, 26 July 2018, GRATA International and the CCIFK held a breakfast meeting with the Chamber members.
On 3-4 July 2018, an International PPP Finance Summit 2018 took place in London, UK.
By the end of June of this year Kazakhstan signed the Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting (MLI).
Modeled on the Dubai International Financial Centre, the Astana International Financial Centre (AIFC) was officially launched on the 5th July this year, established with the aim of bridging the gap between the world’s major fi nancial centers and a regional gateway for capital and investments.
On June 20, 2018, GRATA International Law Firm signed a memorandum on cooperation in the area of education with IQanat Public Education Fund.
3 июля 2018 года, в отеле Ritz Carlton Astana под председательством Премьер-министра Республики Казахстан Бакытжана Сагинтаева прошел круглый стол по глобальным инвестициям.
On 29 June 2018 Yerbolat Yerkebulanov, Partner of GRATA International (subsoil use practice (Almaty)) was a speaker at the Astana Legal Forum 2018.
Yerbolat Yerkebulanov, Partner, Head of Subsoil Use department (Almaty) of GRATA International was a speaker at the 25th World Mining Congress (WMC).
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