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Pretrial Settlement

The pretrial dispute settlement is the resolution of disputes that arise between the parties, independently on the basis of the principles of consent, cooperation and mutual concessions. This method of settlement is the most optimal for the parties, because it does not involve an appeal to the courts.

Today there is no statute that would regulate the procedure for pretrial settlement of disputes. The parties, therefore, operate on the basis of the established practice.

If neither the law nor the contract provides for a need to comply with the pretrial settlement procedure, then everything depends on the circumstances and the will of a claimant.

The pretrial procedure for the settlement of disputes between legal entities and other actors in the private business has every reason to maximise its application in business, and in some cases helps to avoid unnecessary costs and wasting time.

That is why it is very important to have a lawyer or an attorney, who are able to skilfully negotiate, to convince counterparty in the incorrectness and sometimes in the illegality of its actions, as well as to clarify their possible adverse effects.

Certainly, the best option to resolve a conflict for the client is the pretrial settlement of disputes. It should be noted that the sooner you contact to professional lawyers, the greater the chances of success are.

Our company provides various legal services to legal entities. We help our clients to prevent the emergence of potential dispute as well as to resolve the existing ones.

Interests Representation and Protection in the Courts of First, Appellate and Supervisory Instances

By the client’s request the lawyer can take part in court on the basis of the power of attorney. This is usually when the client cannot take part in the hearing personally or when he/she needs our assistance at the given stage or as part of a package of services. The assistance of a lawyer in this case is of the utmost importance. For instance, it is necessary to consider all losses, penalties, and indexing applicable in this situation when drafting the statement of claim. The accurate calculation of this will allow for a potential increase in the amount that can be recovered in favour of the client following a decision of the court.

Maintenance Inspections Conducted by State Bodies

The state auditing procedure is notable for giving rise to challenging problems and situations.  GRATA has successfully represented the interests of its clients in the following scenarios:

• appeals against the results of state audits (in a higher instance);
• disputes with state authorities (in court);
• appeals against the administrative acts of state authorities.

Arbitration and Enforcement of Both Arbitral and Competent Courts Awards

The frequency of seeking by citizens for protection of their violated rights in the courts is increasing from year to year. However, the organisations have also not been neglecting their rights. That is why arbitration disputes are one of the most common types of cases among all the court cases.

Kazakhstani arbitration courts settle the contractual property disputes.

To date, organisations and companies from different countries, when concluding contracts, generally believe that arbitration proceeding is better than court proceedings, that conciliation of the parties is better than an appeal to arbitration, and dispute prevention is much better than the conciliation. However, it is not always possible to prevent disputes between the parties, to resolve the conflict through direct negotiations, so for the legal security of transactions it becomes important to create conditions ensuring the objective and competent resolution of potential disputes. Therefore, international arbitration, as well as the national arbitration, is a way to final resolution of the dispute by an impartial, non-state arbiter in accordance with the voluntary arrangement between the parties.

What is an international commercial arbitration (arbitration court)? This is the main mechanism for dealing with disputes related to the international trade, economic, scientific, technical and other forms of cooperation between the individuals and legal entities, which arise in connection with the failure or improper performance of the obligations under the contract or to different interpretations by the parties of the contract, or the lack of conditions and related references.

The only need is to know how to interpret the law. In the meantime, the tax arbitrage disputes are a share of professionals. Only a qualified lawyer, who not only knows the theory, but, what is more importantly, is an excellent practitioner, will be able to guarantee the successful resolution of any arbitration dispute.

The experts of our company have deep knowledge of the procedural and civil law as well as general legal practice.

Legal Due Diligence

What is legal due diligence of documents?

Legal due diligence is a specific sequence of steps for checking the conformity of documents, both as a whole and as individual parts, to the current legislation, as well as identifying the potential risks associated with existing or future litigation.

Legal due diligence in respect of documents is the procedure for checking whether documents comply with current legislation and assessing the prospects of future or present litigation.

If conducted properly it will spare the client the undesirable consequences typically associated with litigation.

When court proceedings are already in progress, the attention of experienced lawyers can help prevent the client exacerbating his situation and making rash decisions.  In scenarios such as this, it is crucial to have an objective for the end of proceedings.

During the proceedings themselves it is equally important to know the correct procedures and when to adopt them.  For example, one must know what motion to file, when to provide basic and additional evidence, how to appeal against acts of the court and exactly how to justify one’s arguments. 

In the event of litigation it is also important to safeguard the reputation of the company, as well as one’s own immediate and personal interests.  Reputation after all is the fundamental basis for business development.

If a company anticipates financial difficulties which may hinder the performance of its obligations it is advisable to forewarn the lender and propose an adjustment of obligations.  This establishes the good faith of a partner and will often make the creditor inclined to enter into a constructive discussion of the matter.  In today’s climate financial problems are understood to be objective.  Partners will, more often than not, be willing to co-operate in the interests of solving a common problem.  If a debtor warns a creditor of further losses, this will prevent the latter entering into transactions with 3rd parties on the basis of funds expected from the former.

In the event that a company or its director faces the prospect of administrative liability, legal due diligence can be of use in predicting potential sanctions, identifying ways of reducing risks or even striking out the case altogether. 

In respect of criminal proceedings one must evaluate the risks of their initiation, to work out the timing and procedure for investigating them and determine whether there are possible grounds for their termination.

For the above reasons a timely request for high-quality legal assistance will help your business avoid losing its good name and reputation in the eyes of your partners.

GRATA after conducting a prior analysis provides a legal opinion which is intended to serve as a basis for the development of strategic schemes and the means of resolving the situation.

GRATA is thus able to provide services in the above areas and is happy to put its experience and knowledge at the disposal of our clients in order to devise effective solutions for whatever problems they may face.