LITIGATION

1 Litigation

80

OVER 2400 CLIENTS

26 YEARS OF EXPERIENCE

5300 PROJECTS

OUR PRESENSE IN 18 COUNTRIES AROUND THE WORLD

WE ARE RANKED IN

Pre-trial settlement of disputes, negotiation process;

Representing clients in all courts (commercial, labour, construction, corporate, antitrust, administrative disputes, as well as disputes in the area of intellectual property, transportation, public procurement, banks, etc.);

Advising on criminal cases, 'white collar crime';

Rehabilitation and bankruptcy, protection of creditors' rights, protection of debtors;

Representing clients in arbitration proceedings;

Enforcement of local and foreign arbitration awards, foreign court judgements;

Providing legal support during enforcement proceedings;

Providing Legal Due Diligence, including internal investigations;

Advising on transaction structuring and investments in terms of dispute resolution (choice of applicable law and jurisdiction, protection of investments in accordance with international law);

Providing legal support during inspections by state authorities.

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OUR SERVICES

GRATA International's litigation practice differs

considerably from similar practices of other local and

international law firms in Kazakhstan. Our main

distinction is:

First, our team consists of lawyers with good records from

the best international law firms, so we can provide you

with high-level service within the budget of a local law

firm. Second, our team has former judges with extensive

experience exceeding over 30 years of work in courts of

various instances, which allows us to use this experience

in the interests of our client. Third, unlike other law firms

whose lawyers focus on different areas of law and

additionally offer representation in courts, GRATA

International's litigation practice focuses on litigation,

arbitration and contentious issues only, which allows our

team to specialise in litigation nuances and to look

through a broader lens. We visit court hearings more often

than others do, and we are aware of the latest trends,

which are not always covered in laws. Fourth, unlike most

international law firms, we are ready to offer you a fixed

fee while in some cases we can offer a payment

depending on the results of the court proceedings. Fifth,

the key decisions offered to our clients are discussed by a

team of two or three lawyers, enabling us to make a

deliberate and efficient team decision.

OUR ADVANTAGES

GRATA Law Firm

Chambers Global, 2017: "The head of the practice, Bakhyt Tukulov, is recommended by a large number of sources for the high level of services, sharp strategic and tactical thinking, as well as understanding of the clients' needs."

Legal 500, 2017: "their quality of services is comparable to international law firms, however, based on local experience."

AsiaLaw, 2017: “we are declared the leading litigation practice in Kazakhstan.”

Recommended by Chambers Global, 2016

We are also recommended by Chambers Global, 2014, 2015, 2016

Recommended by Chambers Global, 2018

GRATA International's litigation practice is acknowledged by leading international rankings.

3

EK DN IA NRGLOBAL

2018

GRATA Law firm

Litigation

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STATISTICS

In 2017 alone, we took part in over 60 civil cases throughout Kazakhstan (not to mention courts of different instance for the same case, counterclaims, claims, arbitration, criminal law and other work);

The total amount of these disputes was more than KZT13.6 bln or USD 40 mln (not to mention multiple non-monetary disputes, rehabilitation and bankruptcy cases, challenging of transactions, etc.);

Our team consists of experienced and professional lawyers, which allows us to address cases of any complexity and scope.

OUR KEY CLIENTS

Sinopec Engineering Group Ltd.;

ENKA Insaat;

OGCC KazStroyService JSC;

Toyota Motor Kazakhstan;

Baker Hughes Services International, Inc.;

PriceWaterhouseCoopers;

Astana International Airport JSC;

JV Inkai JSC;

FoodMaster Company JSC

and many others.

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СONSTRUCTION

Representing a large international construction company in the Kazakhstani courts for a case on the invalidation of construction transactions for more than USD 200 mln;

Representing the largest Turkish contractor in a dispute with a customer over several construction contracts for more than USD 40 mln;

Advising a large foreign construction company on additional oil and gas construction work for a Kazakhstani oil refinery;

Representing a large Kazakhstani construction company in a dispute over recovery of the cost of additional work for more than KZT 3 bln as a result of oil pipeline construction;

Representing service companies and customers in various disputes over the quality of construction work and recovery of losses, the cost of drilling work and related issues.

ТRANSPORTATION

Representing the largest Russian oil company in a dispute with the national railway operator regarding compensation for damage in excess of KZT 1 bln;

Representing a large construction company in a dispute over recovery of damage caused by the collision of railway flatcars due to technical violations for more than KZT 1.2 bln.

Representing a large Russian airline in Kazakhstani international arbitration in a debt collection dispute with a Kazakhstani company under an agency agreement;

Representing Almaty International Airport in negotiations with an airline to recover damage to an aircraft as a result of its collision with snow removal equipment.

LABOUR DISPUTE

Representing a global supplier of computer equipment in several civil cases on protecting the honour and dignity, reinstating and recovering the salary of a former employee;

Representing a world renowned American oilfield services company in several different civil cases involving claims by former employees for reinstatement and salary recovery;

Representing an oil company in a civil case for a claim by a former director challenging his dismissal, as well as reinstatement and salary recovery.

BANKS, LIENS AND OTHER AREAS

Representing a large Indian Bank in a debt recovery dispute under a bank loan agreement for more than USD 7 mln;

Representing a large Dutch Bank in pre-trial negotiations with a Kazakhstani pledgor, as well as during the out-of-court enforcement of collateral on a debt recovery dispute under a loan agreement for about USD 24 mln;

Representing one of the largest international banks operating in Kazakhstan in a dispute with a foreign borrower and Kazakhstani pledgor for debt recovery under a loan agreement and related transactions for about USD 5 mln;

Representing a Korean Bank in a civil case against a borrower for the enforcement of collateral worth more than USD 5 mln;

Representing a large Dutch financial group in negotiations with Kazakhstani debtors on loan debt recovery, including foreclosure of grain receipts, audits of grain companies, initiation of criminal cases.

EXPERIENCE

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DISPUTES REGARDING PROCUREMENT OF GOODS, WORK AND SERVICES

Representing a large Kazakhstani uranium company with foreign participation in a civil case for a claim for invalidation of supply agreements for over USD 7 mln, and for challenging the results of procurement under the procurement rules for subsoil users;

Representing a Russian supplier of broadcasting products in negotiations with a quasi-public company regarding products supply and performance of warranty obligations;

Representing a large international supplier of mining equipment in negotiations and a potential dispute with a quasi-public company and a customer regarding the supplier's warranty obligations and re-negotiation of the supply contract;

Representing various suppliers of goods, work and services in disputes regarding inclusion of unfair suppliers in the register.

ADMINISTRATIVE PROCEEDINGS

Representing one of the largest oil and gas service companies in administrative cases on violation of the rules of stay and registration of foreign citizens in the territory of Kazakhstan;

Representing the largest Chinese state oil engineering company in an administrative case on violation of the rules of stay and registration of foreign citizens in the territory of Kazakhstan;

Representing clients in cases relating to intellectual property rights infringement, competition law, etc.

REHABILITATION AND BANKRUPTCY

Representing an oil company (as a debtor) in multiple rehabilitation and bankruptcy cases, as

well as in related civil cases;

Representing a Kazakhstani company (as a creditor) in multiple proceedings, negotiations with various state authorities regarding the accession by the creditor for a debtor that is in the rehabilitation procedure, related to the debtor's activities to prevent such accession by the creditor;

Representing the world's largest supplier of chemical products and fertilisers in cases on rehabilitation of a Kazakhstani debtor;

Representing the largest Kazakhstani supplier of paper products (as a debtor) in a rehabilitation case and further support in the rehabilitation procedure.

INTERNATIONAL ARBITRATION

Representing a large European Bank in international arbitration proceedings held in Kazakhstan;

Representing a subsidiary of a large German natural gas supplier in international arbitration held in Kazakhstan;

Representing one of the ministries of Kazakhstan in negotiations on pre-arbitration settlement with a foreign supplier;

Representing Almaty International Airport in international arbitration held in Kazakhstan;

Representing a foreign investor in international arbitration proceedings on the ownership of a stake in a Kazakhstani mining company.

CRIMINAL LAW

Assisting one of the largest international law firms during an internal investigation at the request of the largest Kazakhstani oil and gas company to verify the validity of corruption allegations;

Verification of the validity of fraud allegations

EXPERIENCE

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regarding activities of a Kazakhstani company upon the request of a leading UK law firm;

Advising on compliance with the requirements of anti-corruption law.

ENFORCEMENT OF ARBITRATION AWARDS

Participation in court proceedings on the enforcement of an international arbitration award on recovery of more than USD 46 mln from a large Kazakhstani oil and gas company;

Assisting a large international construction company in the enforcement of a Kazakhstani court judgement to recover over USD 35 mln;

Enforcement of a Kazakhstani arbitration award to recover more than USD 30 mln in favour of a leading Canadian industrial and engineering company;

Assisting a global manufacturer of insulation materials in the enforcement of a Kazakhstani court judgement to recover over USD 1 mln ;

Assisting clients in the enforcement of various interim measures and appealing court decisions on the enforcement of interim measures.

EXPERIENCE

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OUR TEAM

Bakhyt is the head of the Kazakhstani litigation practice. For several years, Bakhyt worked in one of the leading

international law firms. Currently, he represents clients in a wide range of commercial disputes considered in courts

and arbitration courts, and acts as the arbitrator in several Kazakhstani arbitration courts.

Bakhyt is the author of multiple publications on civil procedure and international arbitration in Kazakhstan. He is

recommended as a litigation expert by international rankings such as Chambers Global and Legal 500. Moreover,

Asialaw declared Bakhyt a leading lawyer in the area of dispute resolution in Kazakhstan.

Bakhyt graduated with honours from Kazakh National University and then received a Master's Degree in law (with

honours) from the School of Law of Georgetown University (USA). He is fluent in English, Russian and Kazakh.

BAKHYT TUKULOV

Partner

Litigation

Zeinebike Madybayeva is a former judge with the 30 years of experience. For many years, she worked as the

Chairman of the Specialised Inter-District Economic Court of the Almaty Region, as well as a Judge on the

Cassation Board of the Almaty Municipal Court, the Chairman of the Almaty Union of Judges, a Judge of the Uralsk

Municipal Court and a Judge of the Ural District Court of the Ural Region.

At GRATA International, Zeinebike Madybayeva advises clients on key issues of civil cases and also provides

training for our lawyers and clients.

Zeinebike graduated from the Law Faculty of S. M. Kirov Kazakh State University with a law degree. She was

awarded the medal 'Ерен Енбегi Ушiн', the medal 'Yш Би', the medal '20 years of Independence of Kazakhstan',

and the medal 'Мiнсiз Кызметi Ушiн' of the third degree.

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Counsel

OUR TEAM

ZEINEBIKE MADYBAYEVA

Litigation

Askar has extensive experience in representing clients in courts and arbitrations on issues related to labour, bank

disputes, disputes in the area of rehabilitation and bankruptcy, construction and many other commercial disputes.

Currently, he also acts as an arbitrator in Kazakhstani arbitration courts.

Our clients appreciate his rich experience and knowledge, as well as his ability to build a clear and successful

defence and attack structures. Askar is currently working on a large case on the rehabilitation of a debtor company

and accession of creditor' rights by our clients. The case involves multiple court proceedings. Recently, he

represented the largest Russian airline in a debt recovery dispute. In addition, he has repeatedly represented banks

in disputes over debt recovery and enforcement of collateral.

Askar graduated from Kazakh National University and then received a Master's Degree in law from Queen Mary

University (UK). He is fluent in English, Russian and Kazakh.

ASKAR KONYSBAYEV

OUR TEAM

Counsel

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ABOUT THE FIRM

GRATA International is an international law firm providing services in various areas of law, including corporate law, international trade and customs law, project financing, public and private partnership, real estate, litigation and intellectual property. Our experience and knowledge help our clients to win in serious disputes and solve difficult problems in the most effective way. Our experts are professional lawyers, attorneys having extensive experience in resolving issues regarding the tax, legal and judicial systems. They take an active part as experts in the development of draft laws, thereby providing high-quality services and participating in the creation of an overall favourable legal and business climate.

GRATA International is a global team representing different countries and nationalities. Our offices in 18 countries incorporate over 250 specialists. We offer our clients access to the entire network of our diverse team that has extensive legal experience and knowledge of the local business environment in any country of our presence.

Litigation

info@gratanet.com

litigation@gratanet.com

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