DISPUTE RESOLUTION PRACTICE

Transcription

1 DISPUTE RESOLUTION PRACTICE

2 THE FIRM For over 20 years GRATA Law Firm has supported private and public institutions across various economic sectors, within the Republic of Kazakhstan and Eurasian region, by offering a full range of legal services. We also successfully represent clients in various state courts and arbitrations, both in the Republic of Kazakhstan and abroad. We have received numerous recognitions by many respectable publications, including: The Legal 500, Chambers and Partners, and Who's Who Legal. This recognition demonstrates our expertise, the quality of our service and the positive acknowledgement by our clients. We constantly innovate to improve our approach, legal strategy, and practices to achieve our clients' objectives. We work hard to keep our clients secure in the challenging legal environments of the CIS jurisdictions. "MOST HIGHLY REGARDED FOR ITS DISPUTE RESOLUTION PRACTICE" OUR SERVICES Pre-trial dispute settlement; Litigation in courts (civil and administrative litigation, litigation with state authorities); International and domestic arbitrations; Enforcement of judgements of courts and foreign arbitral awards; Obtaining injunctions in aid of foreign arbitrations; Legal due diligence, including internal gations; Legal advice on the structuring of transactions and investments from a dispute resolution perspective (choice of law, forum, investment treaty protection, jurisdictional matters); Legal support in the course of audits by state authorities. investi- Our experienced team of litigation and arbitration lawyers can offer an unmatched knowledge of local law and expertise for a very competitive and flexible fee arrangement.

3 OUR EXPERIENCE REPRESENTATION IN COURT KAZAKHSTAN Representing a large international construction company in Kazakhstan in a dispute over the invalidity of transactions worth over USD 200 Litigation in aid of international arbitration for the recovery of over USD 46 million in damages from a large Kazakh producer of oil & gas; imposed by a regulatory authority on the registration of medical products; Representing the largest national bank in India in a dispute on the debt recovery under the bank loan agreement in the amount of over USD 7 Representing a large Dutch bank in pre-trial negotiations with the Kazakh pledger, as well as in the course of extrajudicial foreclosure in a dispute on debt recovery under the loan agreement in the amount of approx. USD 24 Representing a large Turkish construction contractor in a complex dispute with a customer arising out of several contracts worth approx. USD 40 Representing one of the world's largest suppliers of consumer goods in a dispute with the customs authorities of Kazakhstan over payment of royalties worth approx. USD 10 Representing one of the largest international banks in a USD 5 million debt recovery dispute under loan arrangements involving a foreign borrower and a Kazakhstani pledgor; 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 one of Kazakhstan's largest construction companies in the oil & gas industry in a number of different multi-million USD disputes over construction and related contracts with contractors and customers. Representing a large German engineering and industrial company in a dispute with a subcontractor arising out of a USD 8 million services agreement; UZBEKISTAN: Representing one of the largest Kazakh cement producers in the Supreme Court in a dispute with a local Environmental Department over the recovery of alleged damage caused to the environment; Representing a large foreign-owned Kazakh bank in a dispute with the 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 and advising one of Kazakhstan's largest producers of food products in a dispute with the Environmental Department and Tax Department over waste disposal and the payment of an emissions fee in the amount of approx. USD 1.5 Representing a European pharmaceutical company in a dispute arising out of restrictions Defending an Uzbek professional football club at FIFA Court of Appeal against a Brazilian professional football player in EUR 11 million debt recovery case; Successful defending of a European Union based manufacturer of alcoholic beverages against illegal take-over of trademarks by an Uzbek company through economic courts of Uzbekistan; Representing a Ukrainian metal trader in a dispute with the State Joint Stock Railway Company of Uzbekistan for the recovery of principal debt, penalty and legal costs of USD 600,000; Representing a Ukrainian metal trader in a dispute with a wholesale trade company of Uzbekistan for the recovery of a principal debt of USD 50,000; Defence of a subsidiary of an international producer of consumer goods in Uzbekistan under the claim from a local distributor for the recovery of the lost income of USD 750,000; Representing a subsidiary of the German producer of construction materials in Uzbekistan in a dispute over the cancellation of a state decision binding the client to pay additional taxes

4 and financial sanctions for a delay in tax payments of USD 400,000; Representing a producer of vehicle spare parts in Uzbekistan in a dispute over the cancellation of a state decision binding the client to pay additional customs duties and VAT on import of USD 45,000; 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 a third party that is not the company founder; Representing a Russian manufacturer of agricultural products in legal proceedings initiated by a municipal authority, who is claiming the invalidity of a registered ownership of a non-residential premises; Representing a Russian manufacturer of agricultural products in legal proceedings regarding the decisions by the Department of the Federal Service for State Registration, Cadaster and Cartography for the Moscow Region that placed restrictions on the disposal of a land plot, as well as regarding a decision by the municipal district administration (Moscow Region) to refuse to let land plots into a lease; Representing one of the world's largest manufacturers of ceramic wares in tax litigation in connection with license fee accounting; Representing one of the largest Russian manufacturers of polyethylene products in tax litigation related to the accounting of marketing and leased property insurance costs and expenses; Contesting the actions and decisions of the Social Insurance Fund in connection with the failure to pay benefits and the appointment of other payments as a result of a workplace accident in the Russian subsidiary of an international pharmaceutical company. Representing the representative office of a British television and radio broadcasting company in Uzbekistan in a dispute over the restoration of labour relations and the 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. RUSSIA: Representing a Russian subsidiary of a large international entertainment channel 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 world's largest automotive manufacturers in a commercial dispute; Representing a Russian subdivision of a large European pharmaceutical company within pretrial and court settlement of labour disputes related to the dismissal of personnel thereof; Russian business unit of an international pharmaceutical company administratively liable for a violation of licensing terms and conditions when conducting its business activity; Representing a Russian manufacturer of agricultural products in a legal proceeding on a claim over the invalidity of real estate purchase and sale contracts entered into in the course of implementing a project for the acquisition of municipal lands; Contesting a decision by the Department of the Federal Supervisory Service for Healthcare for Moscow and the Moscow Region that held a INTERNATIONAL ARBITRATION: KAZAKHSTAN Representing a large European bank international arbitration in Kazakhstan; in Representing a subsidiary of a large German supplier of natural gas in international arbitration initiated at the Kazakhstani International Arbitrage; Representing a government ministry of Kazakhstan in pre-arbitration settlement negotiations with a foreign supplier;

5 Representing an international airport in international arbitration in Kazakhstan in a dispute against a foreign airline; Assisting a large international construction company in the enforcement of judicial acts invalidating certain transactions; Representing a foreign investor in international arbitration seated in Kazakhstan in a dispute over the ownership of shares in a Kazakh mineral producing company. Assisting clients in taking injunctive measures and enforcing them, as well as appealing other injunction measures. UZBEKISTAN: Representing a foreign government in a pre-trial dispute resolution with a local developer over the quality of a new embassy building; Advising a Hong Kong based cotton trader on procedures and issues related to recognition and enforcement in Uzbekistan of an award made by International Cotton Association; Assisting one of the world's largest law firms in a complex internal investigation conducted for the benefit of one of Kazakhstan's largest producers of oil & gas over potential corruption charges; Advising one of the best Central Asian air carriers on the choice of forum and other jurisdictional matters in a multimillion USD acquisition of aircrafts; Advising a large British law firm on the issue of potential fraud involving a Kazakhstani company; Advising on a wide variety of dispute resolution matters under Kazakhstani law: recognition and enforcement of foreign arbitral awards, asset search, legal due diligence, structuring of investments, and development of dispute resolution strategies. Representing a Russian food manufacturer in economic courts of Uzbekistan concerning the recognition and enforcement in Uzbekistan of an award made by International Commercial Arbitration Court under the CCI of the Russian Federation in a USD 400,000 debt recovery case; Representing a Ukrainian trade company in economic courts of Uzbekistan on the enforcement of a court decision in Uzbekistan to recover a debt of over USD 1,000,000. UZBEKISTAN: Assisting a large international construction company in the enforcement of a Kazakh state court judgement on the recovery of over USD 35 Representing an Israeli service provider of telecommunications equipment in the pre-trial negotiations with a tax authority on payment of additional taxes of over USD 3.5 million by a non-resident operating in Uzbekistan through a permanent establishment; Litigation in aid of international arbitration for the recovery of over 30 million in favour of a leading Canadian production and engineering company; Advising a British international ratings company operating in Uzbekistan on the legal chances of appeal against tax authorities; Advising of a trade company of Uzbekistan on the legal chances of filing a claim against tax authorities. Litigation in aid of international arbitration for the recovery of over USD 46 million from a large Kazakh producer of oil & gas; KAZAKHSTAN Assisting a Ukrainian electric products manufacturer in getting a Ukrainian judicial decision to recover USD 100,000 debt from an Uzbek debtor recognised and enforced in Uzbekistan; ENFORCEMENT OF JUDGMENTS OF COURTS AND FOREIGN ARBITRAL AWARDS: OTHER: Assisting a global producer of insulation materials in the enforcement of a Kazakh state court judgement ordering the recovery of over USD 1

6 OUR TEAM GALIYA MAKAZHANOVA Kazakhstan (ASTANA) Counsel Galiya Akataevna has over 30 years of experience as a judge, with more than 15 years as a judge of the Supreme Court of the Republic of Kazakhstan. In the course of her practice, Galiya Makazhanova took part in settlement of the largest and most complex tax, environmental and commercial disputes. She engaged in the analysis of court precedents related to laws application as well as authored a number of normative resolutions of the Supreme Court on tax cases. Prior to being appointed to the Supreme Court of Kazakhstan Galiya Makazhanova served as Chairman of the Board of Civil Cases at the Almaty Regional Court, and as a judge of the Mangyshlak (Aktau Region) Regional Court. At GRATA, Galiya Akataevna provides strategic litigation advice to our clients and training to our team. Galiya Akataevna graduated from the Faculty of Law of the Kazakh State University after S.M. Kirov with a degree in jurisprudence. Galiya Makazhanova is awarded with jubilee medals such as Ten Years of the Constitution of Kazakhstan and Ten Years of Astana. ZEINEBIKE MADYBAYEVA Kazakhstan (АLMATY) Counsel Zeinebike Madybayeva has 30 years experience as a judge. For many years, she has worked as Chairman of Almaty Region Special District Economic Court, judge of the Cassation Panel of Almaty City Court, Chairman of Almaty City Union of Judges, judge of Uralsk City Court, and judge of Priuralskiy Region Court of Uralsk Region. At GRATA, Zeinebike Orynbasarovna provides strategic litigation advice on civil cases to our clients and training to our team. Zeinebike Orynbasarovna graduated from the Faculty of Law of the Kazakh State University after S.M. Kirov with a degree in jurisprudence. She was awarded with Eren Enbegi Ushin medal, Ush Bi badge of honour, Twenty Years of Independence of Kazakhstan medal, and 3rd degree Minsiz Kyzmeti Ushin medal of the Supreme Court. BAKHYT TUKULOV Kazakhstan (ALMATY) Partner Bakhyt heads the firm's Dispute Resolution practice. Prior to joining GRATA team Bakhyt worked for several years at the local office of one of the top international law firms. At GRATA, Bakhyt represented clients in a wide variety of commercial and regulatory disputes and international arbitrations. His practice areas also include enforcement of arbitral awards, asset searches, due diligence, and related legal advice. Bakhyt has authored a number of articles on commercial litigation and international arbitration. Bakhyt graduated with honours from the Kazakh National University with a law degree and from Georgetown University Law Centre (D.C., U.S.) with a Master's degree in International Legal Studies. Bakhyt speaks Kazakh, English and Russian.

7 OUR TEAM ALEXANDRA ANUFRIEVA Russia (MOSCOW) Senior Lawyer Prior to joining GRATA Alexandra worked as a senior associate in a Russian law firm, and gained experience in the Court of the European Free Trade Association (Luxembourg). Alexandra obtained her degree in law having graduated from the school of law of Lomonosov Moscow State University; she possesses LL.M. degree in the law of international finance and investment (King's College London), candidate of legal sciences (Lomonosov Moscow State University). She has also undergone training in International Academy for Arbitration Law (France), University degli Studi di Padova (Italy). Alexandra speaks Russian, English, Italian and French. KANAT SEIDALIEV Kyrgyzstan (BISHKEK) Partner Kanat is the head of the Kyrgyzstan and Tajikistan practices. Kanat advises international financial institutions and corporations on cross-border mergers and acquisitions (M&A) and international project finance. He also advises foreign companies on investments across banking, natural resources, telecom and industrial sectors, both in Kyrgyzstan, and Tajikistan. Kanat has a particularly extensive experience in industrial and telecommunications industries. Kanat speaks Kyrgyz, Russian and English. NODIR YULDASHEV Uzbekistan (TASHKENT) Partner Prior to joining GRATA Nodir worked as head of legal department at the Chamber of Commerce and Industry of Uzbekistan. He has considerable experience in the national and international investment, trade and construction projects. Nodir Yuldashev is an international arbitrator in the International Arbitration Court at the Chamber of Commerce and Industry of the Republic of Kazakhstan, as well as the judge of the Court of Arbitration at the Chamber of Commerce of the Republic of Uzbekistan. Nodir Yuldashev has graduated from the University of Durham (UK) in Nodir speaks Uzbek, English and Russian. KAMOLIDDIN MUKHAMEDOV Tajikistan (DUSHANBE) Senior Lawyer Prior to joining GRATA in 2013 Kamoliddin worked in a microcredit deposit organisation, where he dealt with the issues of financial and banking law, as well as corporate, commercial and litigation issues. In 2004 Kamoliddin Mukhamedov graduated from the Tajik-Russian (Slavic) University, Law School; in 2009, he graduated from the Tajik Agrarian University, Accountancy Department. Kamoliddin speaks Tajik, English, Russian and Uzbek. CONTACTS BAKHYT TUKULOV, Partner litigation@gratanet.com Fax.: +7 (727)

8 Canada Vancouver China Beijing Mongolia Ulaanbaatar Netherlands Amsterdam UAE Dubai United Kingdom London USA New York Kazakhstan Аksay Акtau Акtobe Аlmaty Аstana Аtyrau Ekibastuz Karaganda Кostanay Kyzylorda Pavlodar Shymkent Taraz Тemirtau Uralsk Ust-Kamenogorsk Azerbaijan Baku Kyrgyzstan Bishkek Russia Moscow Tajikistan Dushanbe Uzbekistan Tashkent