Bakhyt Tukulov is a Partner, Head of Dispute Resolution Department of GRATA International. He focuses on litigation (commercial and administrative, including in aid of domestic and foreign arbitrations), arbitration in Kazakhstan and abroad, pre-dispute settlement negotiations, enforcement of foreign arbitral awards and judicial acts, legal due diligence, legal advice on the structuring of transactions from dispute resolution perspective (choice of law, forum, investment treaty protection, jurisdictional matters), legal support in the course of audits of state authorities.
Prior to joining our team, Bakhyt has worked for several years at one of the top international law firms. Bakhyt has represented clients in a wide variety of matters ranging from commercial disputes to disputes with state authorities. He has also represented clients in international arbitrations in Kazakhstan and abroad. On part time basis, Bakhyt lectures graduate students on the theory and practice of International Arbitration and Litigation.
International Law Department of al-Farabi Kazakh National University;
- Master of Law degree in International Legal Studies (with distinction) from Georgetown University Law Center (District of Columbia, United States).
- Dispute Resolution (Domestic and International)
Legal due diligence
Litigation (commercial and administrative, including in aid of domestic and foreign arbitrations), arbitration in Kazakhstan and abroad, pre-dispute settlement negotiations, enforcement of foreign arbitral awards and judicial acts, legal due diligence, legal advice on the structuring of transactions from dispute resolution perspective (choice of law, forum, investment treaty protection, jurisdictional matters), legal support in the course of audits of state authorities.
- "On the Court and Arbitration at the Astana International Financial Center: A Practical Perspective on What They Can Offer to Kazakhstani businesses". (GRATA International, 2018)
- "Statute of Limitation under Kazakh law: A Practitioner’s Perspective". (GRATA International, 2018)
- "Enforcement of English Court Judgments in Kazakhstan? Why not?" (GRATA International, 2015)
- "Rehabilitation Procedure under New Kazakh Bankruptcy Law: Another Way to Avoid the Claims of Creditors?" (GRATA International, 2015)
- "Dispute Resolution 2015 - Kazakhstan" (Getting The Deal - Dispute Resolution 2015. Kazakhstan)
- "Litigation: Kazakhstan" (Getting The Deal - Litigation 2015. Kazakhstan)
- "Overview of Recent Significant Developments in the Civil Procedure Code of Kazakhstan" (Petroleum Journal, 2015)
- "International Fraud & Asset Tracing - Kazakhstan" (The European Lawyer Reference 3rd edition, 2015)
- "Kazakhstan - Law & Practice" (Chambers and Partners, 2014)
- "Dispute Resolution 2014 - Kazakhstan" (Getting The Deal - Dispute Resolution 2014. Kazakhstan)
- "Unconditional Bank Guarantees Issued Under Kazakhstan Law: Practical Difficulties Which Foreign Creditors Should Be Aware Of" (GRATA International, 2014)
- "Comparative Analysis of Injunctive Relief Available under English and Kazakh law: Practitioner’s Perspective" (GRATA International, 2014)
- "Investment Treaty Arbitration 2014 - Kazakhstan" (Getting The Deal - Investment Treaty Arbitration 2014. Kazakhstan)
- "Discussion of Available Means to Mitigate Legal Risks Faced by Foreign Investors Doing Business in the Republic of Kazakhstan" (GRATA International, 2014)
- "Laws Governing International Commercial Arbitration in Kazakhstan and Associated Risks" (Petroleum Journal 2012)
- Litigation & Dispute Resolution: Kazakhstan 2016 (GLI 2016)
- Representing a Ministry of Kazakhstan in pre-arbitration settlement negotiation with a foreign supplier;
- Representing one of the largest European banks in the international arbitration seated in Kazakhstan;
- Representing an international airport in the international arbitration seated 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;
- Assisting an arbitrator serving in a tribunal formed under the Arbitration Rules of the Stockholm Chamber of Commerce on Kazakh choice of law rules;
- Representing a client in Kazakh courts in relation to the enforcement of a foreign arbitral award worth approx. USD 30 million;
- Representing a Kazakhstani supplier of complex electric equipment in Kazakh courts in a dispute worth approx. USD 7 million over the validity of the findings of a public bid;
- Representing one of the largest poultry producers in Kazakhstan in Kazakh courts in a dispute worth approx. USD 400 thousand over breaches of a supply agreement;
- Representing two major suppliers of cement in Kazakhstan in antimonopoly dispute with the Agency of the Republic of Kazakhstan for the protection of competition over unlawful inclusion of the cement producers into the Republican Register of Entities, which enjoy dominant or monopoly status in a commodity market;
- Representing one of the major suppliers of cement in Kazakhstan in a complex dispute with the local Department of Environmental Protection over the alleged excessive pollution of environment;
- Representing one of the largest poultry producers in Kazakhstan in a USD 1.5 million environmental dispute with the local Tax Department and Department of Environmental Protection;
- Representing a client in a labor dispute over allegedly illegal termination of a foreign employee working in Kazakhstan;
- Representing a client in the complex shareholder litigation, which involves challenging illegal liquidation of a company and restoration thereof.
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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.
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.
On 23-25 April, the English Law Summit was held in Astana and Almaty, where GRATA International Law Firm took an active part.
GRATA International performed exceptionally well in this year’s rankings as its Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan offices were ranked by Chambers Asia-Pacific 2018, confirming GRATA International's dominant position in Central Asia.
We are proud announce that GRATA International has been ranked as an Outstanding Law Firm by Asia Law Profiles 2018
On 2-3 November 2017, the XII Forum of Corporate Lawyers was held in Almaty. GRATA International took part in the Forum as speakers.
On 10 November, Bakhyt Tukulov, Partner, Director of the Litigation Practice, will speak at the Caspian University.
On 28 September 2017, the Kazakhstan Legal Forum 2017 will be held in Almaty at the Inter Continental Hotel.
On 15 September 2017, the workshop on ‘Practical Issues of Dispute Resolution’ will be held be held in The Ritz Carlton Hotel, Almaty.
According to the results of the analysis, the Asialaw Profiles directory – one of the leading guide to the Asia Pacific region, has once again ranked GRATA International as an outstanding law firm in Kazakhstan.
On 19 May 2017, the Legal Forum for Dispute Settlement was held in Astana hotel 'Kazzhol'. The event was arranged at the initiative of 'Atameken' National Chamber of Businessmen and Lincoln Brown law firm.
On 24 May 2017 in Almaty, Kazakhstan English Law Day Forum was held.
On 12 May 2017 in Astana GRATA International organised a practical seminar: Dispute Resolution In Infrastructure Projects together with German engineering firm ILF Consulting Engineers.
GRATA International Law Firm has advised the Republican Physics and Mathematics School (RPMS) on state procurement and legal aspects of construction of a new school building.
GRATA International co-organised seminars with Mannheimer Swartling and Abritration Institute of SCC
On 3-4 November 2016, the XI Kazakh Forum of Corporate Lawyers was held in Almaty.
Asialaw Profiles – the guide to Asia-Pacific’s leading lawyers and law firms has identified key legal practitioners in Kazakhstan
Protection of trademarks becomes important with the growth of business and increase in competition at any market of goods and services. Manufacturers of goods (providers of services) sell their goods (services) under a particular “brand” or mark, so that consumers can distinguish a particular product among many other similar goods (services).
Kazakhstan gained its independence in 1991 from the USSR. Kazakhstan’s judicial system is young, relatively underfi nanced, and thus not suffi ciently strong or independent. The system is in transition from a Soviet-style and judge-dominated, inquisition-type civil process to a more liberal, competitive judicial process. Corruption, although not common, is said to take place.
On July 21, 2016 in Almaty (Kazakhstan) Bakhyt Tukulov, Partner, Head of Dispute Resolution Department, GRATA International and Zeinebike Madybayeva, Counsel of GRATA International were included to arbitrators list of the Arbitration Center of the National Chamber of Entrepreneurs of the Republic of Kazakhstan 'Atameken'.
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.
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.
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