Battle of the Titans in the Astana International Financial Centre Court
The Partners of GRATA International (Askar Konysbayev and Baizhan Bekzhanov) and the London office of Bryan Cave Leighton Paisner LLP (Partner Roman Khodykin, Senior Associate Nadia Hubbuck and Associate Elena Matlak) successfully participated in the largest to date (worth over USD 330 million) case in the history of the Astana International Financial Centre Court ("AIFC Court") between shareholders of one of Kazakhstan's largest oil companies.
- GRATA advised Borealis AG, Europe's second and world’s eighth largest producer of polyethylene and polypropylene, on sale of their entire stake in a local Joint Venture and other matters associated with exit from the USD 6.5 billion petrochemical project in Kazakhstan.
- GRATA advised ENKA İnşaat ve Sanayi A.Ş., the largest construction company in Turkey on the significant revision of the shareholders’ agreement of the Joint Venture incorporated in Kazakhstan.
- GRATA advised DEG - Deutsche Investitions- und Entwicklungsgesellschaft, international development finance institution, subsidiary of KfW Group, on its very first finance transaction in Kazakhstan – financing of Eastcomtrans LLP, one of the largest transportation companies in Kazakhstan.
- GRATA advised MicroVest Capital Management on sale of its stake in one of the largest microfinance organizations in Kazakhstan, “MFO ArnurCredit LLP”. GRATA advised on various aspects of the transaction including working on and negotiating SPA (sale and purchase agreement), advice on various issue of Kazakh microfinance regulation, taxation, etc. up to registration of the transaction with the relevant registration body in Kazakhstan.
- GRATA regularly advises Mastercard on various legal and regulatory issues related to Mastercard’s products offered in Kazakhstan and relationships of Mastercard with its customers in Kazakhstan. Such issues include, inter alia, regulation of Mastercard’s and its clients’ activity under payment systems regulation, data protection, tax, antimonopoly and others. GRATA is official legal counsel of Mastercard in Kazakhstan and other jurisdictions.
- GRATA advised Ust-Kamenogorsk Titanium Magnesium Plant, one world’s largest titanium producers, supplying over 20% of global titanium sponge, on corporate issues including preparation a new charter and all internal policies to follow Kazakh legislation. We have also represented the client in different levels of the local courts.
- GRATA advised Kazakhstan Plant of Oil Equipment, a Kazakh Chinese JV, on on tax and custom issues including the representation of the client during the custom audit initiated by the Tax Committee of the Republic of Kazakhstan. We appealed the results of the audit inspection to the Ministry of Finance of the Republic of Kazakhstan.
- GRATA assisted a large American cosmetics company with compliance of the online payment mechanism with the requirements of Kazakhstan legislation.
- GRATA assisted VOSTOK NEFT Service, a large drilling company in Kazakhstan mostly providing services to a China National Petroleum Company, with a tax dispute related to corporate income tax and VAT charges including representation of the Client in the Ministry of Finance of the Republic of Kazakhstan and in court against the tax committee of the Republic of Kazakhstan.
- GRATA advised Positive Invest LLP on its sale to Nostrum Oil & Gas, LSE listed company. The legal team also assisted with on extension of the production period under Stepnoy Leopard subsoil use licences for 25 years: negotiations with the Ministry of Energy of the Republic of Kazakhstan, drafting subsoil use contract.
- GRATA advised Versalis International S.A., Eni’s chemical company operating globally in the basic and intermediate chemical sectors, on legal applications of entering to Kazakhstan market including corporate, tax and labour issues.
- GRATA has been representing China Telecom, China’s largest telecommunication company, in connection with operations in Kazakhstan for the last eight years. Our involvement includes mandatory filings, advising of licenses and permits, corporate and tax advice, corporate restructuring and many other activities.
- GRATA advised a Chinese state company Great Wall, the main drilling company of CNPC in Kazakhstan on tax dispute related to corporate income tax and VAT charges including representation of the Client in the Ministry of Finance of the Republic of Kazakhstan and in court against the tax committee of the Republic of Kazakhstan.
- GRATA advised a building company, headquartered in Malaysia, on the construction of a luxury residence complex in Almaty, Kazakhstan. Legal assistance included the drafting of a construction contract, advising on different aspects of Kazakhstan’s legislation, and negotiations with subcontractors and other parties involved in the project.
- GRATA represented a major Turkish real estate developer in a transaction for the sale of over 1000 real estate properties (flats and parking spaces) in Almaty. The advising included a review of sales and purchase agreements, a review of documents confirming ownership, providing assistance during sales and purchase agreement-signing and other legal support.
- GRATA represented the interests of a consortium of Spanish, French and Turkish companies in the second stage of a public tender for the construction and operation of the Big Almaty Ring Road (BAKAD), including reviewing and negotiating concession agreements and tender documentation, advising on various aspects of Kazakh law, and participating in direct negotiations with the Kazakh Ministry of Investments and Development. BAKAD is a major concessional project based on the Build- Transfer-Operate scheme, valued at over USD 700 million.
- GRATA represented Madani, international real estate management company headquartered in Saudi Arabia, in connection with acquisition of several commercial real estate facilities in Almaty, Kazakhstan, including drafting of acquisition documents, negotiations with the seller and completion of acquisition. GRATA also represented Madani in legal matters associated with managements of the property, including negotiations over the management agreement.
- GRATA advised Thyssen Krupp, multinational industrial and engineering company, in connection with Kazakh law requirements applicable to construction licenses, and Kazakh law requirements applicable to liability under agreements with customers.
- GRATA represented Benetton Real Estate International, a real estate management subsidiary of global clothing brand, in connection with acquisition, lease and sale of various commercial premises in several cities of Kazakhstan, including drafting sale and purchase, construction and design agreements, litigation, labor and tax matters, licensing and permits.
- GRATA advised Siemens, multinational industrial and engineering company, in connection with court dispute related to results of tax inspection initiated by Kazakhstani authorities. As a result of a number of successful court proceedings, results of tax inspection were annulled.
- GRATA advised the consortium of Gulermak / Marubeni / Alstom / Meridiam in connection with participation in prospective project of construction of Almaty Light Rail transportation system, including legal structuring, negotiations with state authorities, drafting project documents and legislative work.
- GRATA represented ZTE, China’s largest producer of telecommunication equipment and solutions, in connection with operations in Kazakhstan and Tajikistan. Our involvement includes advice on corporate, labour, licensing and other legal matters.
- GRATA assisted Arcelor Mittal Temirtau, Kazakhstan’s the largest mining company and steel producer, with the creation of the joint venture for processing the technical waste including tax, corporate and environmental issues.
- GRATA advised a large American company on tax optimisation in the course of structuring a deal with the local franchisee.
- GRATA advising a large European confectionery manufacturer on the violation of intellectual property rights in terms of parallel imports.
- GRATA has been representing Yandex, a Russian technology giant, for the last four years in connection with launch of several internet- services in Kazakhstan, including Yandex.Taxi, Yandex.Food and Yandex.Afisha. Our support includes general legal and tax advice, negotiations with local authorities, GR work, legislative work, litigation, drafting commercial contracts and many other.
- GRATA advised a large European automobile producer on antimonopoly and tax matters in the course of structuring the distribution model in Kazakhstan.
- GRATA represented Belt & Road Capital Management, investment company headquartered in Cambodia, in connection with project aimed at launch of cryptocurrency producing facilities in Kazakhstan. GRATA’s involvement included general legal advice, legal structuring of the project and negotiations with state authorities.
- GRATA represented a large Ukrainian pharmaceutical company in the Supreme Court of the Republic of Kazakhstan in challenging the decision of a state authority.
- GRATA represented a large American manufacturer of medical equipment in the court in a dispute on the illegal import of a sensor for an ultrasound device into Kazakhstan and bringing the infringer to liability.
- GRATA advised Baker Hughes an American international industrial service company and one of the world's largest oil field services companies, on creation of two joint ventures with local partners in Kazakhstan: drafting shareholder agreement, charter documents of the joint ventures, structuring of corporate governance and management of the JVs.
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