Projects

Advising a Chinese multinational corporation (a general contractor) in a US$ 300+ million construction dispute with a customer over an increased cost of work in the course of an oil refinery reconstruction project

Represented an oil producing joint venture in a tax and environmental dispute worth approx. US$ 70 million

Advising of an oil and gas company on issues of transition to electronic document management system.

Served as a claimant-appointed expert in Rosdale Pte Limited v Degevol UK Limited (Comm), focusing on the recovery of misappropriated Kazakh mining assets by former directors. The case settled shortly after the submission of the expert witness statement.

Advised VakifBank on complex cross-border restructuring in JSC BTA Bank v Türkiye Vakıflar Bankası [2018], focusing on legal impacts in the UK, Türkiye, and Kazakhstan, and the modification of contracts across jurisdictions. The guidance, covering private international law and restructuring under Kazakh law, helped challenge English court jurisdiction, resulting in a favorable High Court judgment for the client.

Served as a defendant-appointed expert in Anara Esim Frank vs. Robert Harrison Frank, 430th District Court, Hidalgo County, Texas (Case No. C-2416-13-J), focusing on complex Kazakh family and inheritance laws, including choice-of-law issues. The dispute was settled following the expert opinion submission.

Served as a claimant-appointed expert in the Russian courts for Fund for Protection of Investors' Rights in Foreign States v. BTA JSC et al., addressing complex Kazakh law issues related to governing law choice, jurisdictional clause scope, and their applicability to non- contractual disputes. The case settled soon after the expert witness statement was submitted.

Provided expert support for a New Zealand court case on debt recovery from a profit-sharing agreement breach. This included analysis of Kazakhstan law, New Zealand’s summary judgment procedures, and offering strategic alternatives, aiding leading counsel in formulating a legal strategy.

Served as co-counsel for a major European contractor in a Stockholm-seated SCC rules arbitration against an employer over a EBRD-financed road reconstruction contract under FIDIC Red Book Conditions. The dispute centered on unpaid amounts certified by the engineer, focusing on contract price escalation provisions and the base value for material cost adjustments.

Represented a top-ten Kazakhstan bank in a London- based, evidence-heavy commercial arbitration under UNCITRAL Rules against former consultants for professional negligence. The case, involving Kazakh, English, and US laws, centered on allegedly futile promises made by the consultants.

Provided expert support to a consortium of foreign investors in a Kazakhstan oil and gas field regarding a pricing dispute under a gas sale and purchase agreement. The issue stemmed from a substantial rise in the Kazakhstan government-imposed trunk gas pipeline tariff, significantly impacting the agreed gas supply price.

Provided expertise to a European construction consortium on a project under FIDIC Pink Book Conditions for the Western Europe-Western China International Transit Corridor. Advised on issues arising from the Kazakhstan currency depreciation, contract price escalation provisions, employer's refusal to pay additional amounts due to budget approval issues, and the legal standing of engineer instructions regarding performance guarantee adjustments. Also guided on the arbitration clause's validity and clarity concerning arbitration rules, institution, and seat due to ambiguous Particular Conditions.

Provided expert support for a Dubai-seated arbitration to a global consultancy on disputed matters under a FIDIC Yellow Book contract for a major mixed-use development in Astana, Kazakhstan. Addressed complex issues related to contract law, construction, licensing, project management, and engineering regulations.

Provided expert support for a US mining company in a London-seated arbitration regarding subsoil use and securities regulation. The dispute centered on shares issued without necessary permissions from Kazakhstan authorities. The detailed analysis and arguments helped leading counsel achieve a favorable settlement.

Provided expert support for an Austrian engineering group in a Paris-seated arbitration under a FIDIC Yellow Book contract for a hydropower plant project in Kazakhstan. Advised on design liability under Kazakh law, analyzing whether the client should be considered a licensed Kazakh designer or a drafter not subject to licensing requirements. The legal opinion was instrumental during the arbitration hearings.

Offered pre-arbitration advice to a prominent European energy sector player focused on the North Sea, North Africa, and Southeast Asia, regarding an oil and gas exploration agreement in Russia. Our detailed analysis examined the contractual terms under Kazakh law to determine if they bound our client to invest hundreds of millions of dollars. The insights provided a novel interpretation of the contract's implications, contrasting with the client's initial view and potentially saving them over $500 million.

Served as an investor-appointed expert witness in Aktau Petrol Ticaret AS v. Republic of Kazakhstan (ICSID Case No. ARB/15/8), addressing complex issues of Kazakh procedural and substantive law, and enforcement proceedings related to claims of denial of justice and judicial expropriation by executive actions, specifically court bailiffs' actions. The tribunal concurred with the investor-appointed experts on all contested Kazakh law questions, ruling in favor of the investor in its final award.

Offered ongoing expert advice on Kazakh law, including analysis of the 1994 Foreign Investments Law of Kazakhstan, to support Ruby Roz Agricol LLP's UNCITRAL arbitration against Kazakhstan and related set aside proceedings in English courts.

Advised EBRD, EDB, and IsDB on development and financing aspects of the $750 million Big Almaty Ring Motor Road (BAKAD), a major non-oil public-private partnership infrastructure project in Kazakhstan.

Advised a foreign investor on Kazakh law and choice-of- law issues related to trunk and flow pipeline construction under an EPC contract in a large Kazakh oil and gas field.

Assisted a large Swiss oil service company in drafting a contract for constructing facilities in a major Kazakhstan oil and gas field, adjusting FIDIC Red Book terms to local requirements.

Advised a Korean construction company on issues related to the construction and commissioning of a gas- filling compressor station.

Advised major Korean construction companies and banks on developing and financing the Apple Town residential complex in Almaty, a significant elite multifunctional complex on 27 hectares.

Advised a leading foreign uranium mining company on acquiring control over nuclear energy industry companies, including Akbastau JSC and Karatau LLP.

Provided advice to a large media holding on an intragroup transaction aimed at changing the ownership of its Kazakhstan business.

Offered legal support for the Kazakhstan segment of a global division project for a major US-based IT corporation.

In 2007-08, served as the leading transactional counsel on Kazakh law for the Russian Federation during its acquisition of participation interests in the Caspian Pipeline Consortium (CPC) from the Sultanate of Oman, a key oil transport route in the Caspian – Black Sea Region.

Offered continuous legal advice to ExxonMobil on their Kazakhstan projects, covering various aspects of their operations and legal needs in the region.

Provided comprehensive, ongoing expertise to Chevron and Tengizchevroil (a joint venture among Chevron, ExxonMobil, KazMunayGas, and LukArco) on matters of subsoil use, environmental legislation, foreign investments, crude oil export, corporate, and tax laws.

Advised EuroChem Mineral and Chemical Company, Russia's leading mineral fertilizer producer, on subsoil use and corporate law, aiding in navigating the legal landscape for their operations.

Counseled major foreign banks on regulatory aspects of derivative transactions, including the enforceability of ISDA Master Agreement and Credit Support Annex provisions, and the application of netting and set-off procedures.

Represented a prominent UK bank in the rehabilitation of a leading Kazakhstan agricultural organization, ensuring the protection of the lender's rights in credit and hedging transactions.

Advised a significant Australian bank on a gold trading deal with the National Bank of Kazakhstan, navigating the complexities of international commodity transactions.

Provided comprehensive advice to one of the world's largest international payment systems on servicing local financial institutions, covering regulatory and operational issues.

Consulted Banque Cantonale de Genève (BCGE) on its various projects within Kazakhstan, offering insights into local financial and regulatory environments.

Advised Deutsche Bank on the nuances of debt securities issuance and placement, addressing the legal framework and market practices.

Representing the interests of a subsidiary of national company in the International Commercial Arbitration of the International Chamber of Commerce under the rules of ICC, Geneva, in a dispute related to the activities of members of a consortium for the production of solar panels.

Representing the interests of an international marketing research consultant in the AIFC International Arbitration Center in a dispute against the Ministry of Health of the Republic of Kazakhstan, including further forced execution of the IAC Decision.

Representing the interests of an AIFC participant in litigation in the AIFC Court in a dispute on the recovery of a commission, including the successful actual recovery of a debt.

Representing the interests of a resident of the People's Republic of China in the CIETAC Arbitration, Beijing, in a dispute related to violation of contractual obligations for the supply of oil pumps, including successful actual recovery of a debt.

Successful pre-trial appeal against a cameral notification on the issue of movement of goods between Kazakhstan and the territory of the EAEU member states in connection with their transfer within one legal entity. As a result, the abolition of additional VAT charges on imports in the amount of USD 300,000.

Successfully challenged the results of tax audits and canceled additional deductions totaling more than $1,000,000.

Representing a European drilling company in a tax dispute worth KZT 630 million.

Representing a leading full-service blockchain technology company in tax disputes regarding VAT charges on digital mining services provided to international clients.

Representing a client in court against a claim by the tax authorities seeking to invalidate transactions.

Representing and advising, for eight years, the largest oil and gas construction company in Kazakhstan in a wide variety of construction disputes (over 20) for tens of billions of tenge (recovering the cost of additional work, challenging of transactions, developing protection mechanisms, establishing grounds for the jurisdiction of Kazakhstan courts, bypassing arbitration clauses, challenging of bank guarantees, etc.)

Represented taxpayers in tax disputes over challenging of transactions worth more than KZT 10 billion

Advising a foreign media company with a state participation regarding requirements for the rebroadcasting of foreign TV channels in Kazakhstan, re-registration of foreign TV channels, and other legal issues.

Representing and advising Russia's largest state bank and its investment arm in over US$ 190 million insolvency concerning a Kazakh borrower and numerous pledgors of over 300 thousand hectares of pledged agricultural land

Represented a number of international biopharmaceutical companies in disputes over protection of undisclosed information

Advising one of the world's largest telecommunications company regarding the provision of Internet services, including VoIP services, in Kazakhstan.

Advising Kazakhstan's largest oil and gas construction company in a potential dispute with a large multinational corporation in a dispute over the validity of corporate guarantees worth over US$ 80 million

Represented foreign hedge funds in disputes with large banks over infringement of shareholders’ rights, and taxation of derivative transactions

Advising a client on a potential patent infringement dispute between a joint venture partners, including the patentability of an invention, statute of limitations in intellectual property infringement disputes and other issues.

Representing and advising a Kazakh Ultra High Net Worth individual (guarantor) in a US$ 60+ million dispute with a bank over recovery of debt, validity of guarantees, and insolvency

Represented large Kazakhstani universities in corporate disputes

Enforcement of trademark rights in Kazakhstan and the CIS countries of one of the world's largest producers of soft drinks and other goods, including cancellation of trademarks due to non-use, representation of interests of the client in disputes on infringement of trademark rights, inclusion of trademarks into the customs registers of intellectual property subject matters of Kazakhstan and other countries of the CIS.

Representing and advising a Kazakh Ultra High Net Worth individual in multiple Kazakh and US litigations, among other things, opposing a 28 US Code §1782 application

Represented a major developer in a dispute over the demolition of a newly constructed business class residential facility in Almaty

Representing and advising world's largest crypto farm in a dispute with a US investor in a US$ 14+ million claim

Representing Kazakh minority shareholders in several high-profile corporate litigations over the recovery of damages following a sqeeze out procedure and other violations of corporate law

Representing and advising Kazakhstan’s largest metallurgy company in more than 10 court cases over fraud, damages, challenging of transactions, etc.

Drafting many expert opinions to foreign courts and arbitral tribunals (in England, Russia, Cyprus, Germany, and US) on Kazakh commercial and civil procedure law, and well as insolvency and restructuring.