Projects (Valikhan Shaikenov)

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.