Dispute Resolution - Experience

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International team
Experience
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31.05.2023

Kazakhstan

Dispute Resolution

The Acting Law of the AIFC

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.

Armenia

Representing one of the biggest construction companies in the region, in the major litigation against one of the biggest commercial banks in the Republic of Armenia. The matter refers to the 4 bank guarantees in the total amount of USD 1 219 429 and EUR 3 645 874. The root cause of the dispute is not thoroughly specified the extent of the independence of bank guarantees from the guaranteed obligations as per the Armenian legislation, and hence the court findings in the frames of the case are predicted to become a judicial precedent for Armenia;
Representing the client in the administrative court proceedings against the Armenian Tax Service Office. The case refers to disputing the fines assigned by the Tax Services regarding the deals the tax service allegedly qualified as “only paper-based transfers”. The deals in question are two major contracts the client concluded with one of the subcontractors in the frames of EIB (European Investment Bank) and ADB (Asian Development Bank) financed Armenian Government project for the reconstruction of M1 Talin-Lanjik-Gyumri Road. The disputed fine amount is approximately USD 3 500 000;
Representing the Armenian branch of a Chinese state-owned hydropower engineering and construction company in bankruptcy proceedings against Its debtor to foreclose the debt in the amount of USD 796 942 and EUR 3 121 032;
Successfully represented US investor mining company’s interests in administrative court against the Armenian Police, obliging the latter toward the raids of public activists on the territory of mines of gold operated by the client;
Successfully represented an international mining company’s interest in criminal proceedings that was a victim in that case to protect property rights thereof․

Azerbaijan

Successfully represented the leader of the international corporate applications market in a litigation with a company in Azerbaijan on debt collection in the amount of EUR 87 000;
Advised and represented a major global pharmaceutical company, in litigation concerning debt recovery of USD 712 000. Judgment was ruled in favor of our client;
Represented one of major German construction companies in a dispute with respect to the repayment of debt due to failure to fulfill contractual obligations by an Azerbaijani company for EUR 6 million;
Corporate dispute on share-sale between a leading mobile applications and services companies in Turkey. Achieved a judgment in favor of our client;
Represented Toshiba Company against a local company before the Supreme Court of Azerbaijan in recognition and enforcement of Foreign Arbitral Award in favor of our client. The award was recognized and directed to the Bailiff’s department for enforcement (USD 4.4 million);
Represented one of major Russian insurance companies in a dispute with a local reinsurer to failure to pay insurance payment in USD 900,000 amount;
Recognition and enforcement of an arbitral award issued by Korean Commercial Arbitration Board in favor of a major Korean industrial conglomerate against an Azerbaijani company (value USD 2 million);
Represented the client in the Supreme Court during the hearing on recognition of the judgment of Minsk Court (Belarus Republic) in Azerbaijan. Recognition of the judgment was achieved and sent for enforcement. GRATA lawyers represented the client during the enforcement stage and ensured full repayment of debt amount – USD 310 779;
Successfully represented the Client, producer of animal food (Turkish company) in litigation concerning debt recovery for EUR 422 000. Achieved a judgment in favor of the plaintiff and enforcement in full;
Achieved repayment of debt in amount USD 80 000 owed to the local branch of an international power supply company;
Represented the subsidiary of a Turkish construction company (defendant) before Azerbaijani courts in a dispute (value USD 5.5 million) with Azerbaijani Deposit Insurance Fund (plaintiff). Achieved conclusion of a settlement agreement in favor of the defendant;
Represented an individual shareholder of the local company (defendant) in a dispute with the other shareholder of the company (plaintiff). Achieved conclusion of a settlement agreement in favor of our client and the defendant's successful exit from the company through a share sale-purchase agreement.

Belarus

Legal support in the resolution of dispute in the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) under international sales contract, including pre-trial procedures;
Legal support of the local company of one of the world leaders in logistics services in the dispute with with Belarusian customs authorities, including development of defense strategy and drafting necessary documents for participation in administrative and court proceedings;
Legal support of a major importer of goods in a dispute with the Belarusian customs authorities connected with calculation of additional custom fees based on license agreements for the use of trademarks and know-how;
Comprehensive legal support of a large foreign manufacturer of lighting equipment in a dispute on the protection of intellectual property rights in the Appeals Council of the Belarusian Patent Authority, on debt collection in the economic courts of Belarus and in cases on administrative offenses, including the pre-trial stage, subsequent proceedings and appeal;
Recognition and enforcement on the territory of Belarus of a foreign court decision in favor of the export support center of another state including stages of appeal, as well as subsequent legal support of enforcement proceedings against a debtor in Belarus as part of debt collection related to export financing by a foreign financial structure;
Legal support of a foreign food equipment manufacturer in a commercial dispute with a Belarusian purchaser connected with a failure to perform payment obligations and performance of conditions for turnkey works, including a pre-trial settlement of the dispute;
Legal support in a dispute between a major waste management company and a Belarusian utility company connected with amendments to a contract due to an increase in the tariff for services;
Legal support in a dispute between a manufacturing and construction company and a Czech company on debt collection under a construction contract and contractual penalties;
Consultation and representation of an EAEU resident cargo receiver in connection with seizure of goods by the Belarusian customs authorities based on false declaration. Within a project we provided legal consultation on customs and administrative law and procedural legislation, drafted documents for participation in administrative proceedings, including on replacement of the security measure and release of the seized cargo;
Legal support of a Belarusian company in a dispute with a non-resident under an international sales contract in connection with a non-resident supplier's withdrawal from obligations under international sanctions, including pre-trial settlement of the dispute, arbitration proceedings in the International Arbitration Court at the BelCCI.

China

Representing Hong Kong Company against KorkemTelecom in China International Economic and Trade Arbitration Commission (CIETAC). The Claim is justified and fully satisfied by CIETAC. Enforcement and recognition of the CIETAC Arbitral award in Kazakhstan State Court;
Representing construction company on a road construction project transportation corridor “Western Europe-Western China” in the IAC Arbitration of AIFC against The Committee for Road of the Ministry of Industry and Infrastructure Development of Republic of Kazakhstan, claim amount USD 1 113 538. The Claim is justified and fully satisfied;
Representing construction company on a road construction project transportation corridor “Western Europe-Western China” in the Court of AIFC against The Committee for Road of the Ministry of Industry and Infrastructure Development of Republic of Kazakhstan, claim amount USD 3 178 977. The Claim is justified and fully satisfied;
Representing China Rising Energy International in Arbitration cases in Kazakhstan International Arbitration as defendant (the claim amount was reduced to USD 5,5 million);
Representing ZPEC (Zhongman Petroleum and Natural Gas Exploration and Development) in two cases one in Kazakhstan International Arbitration and the other one in International Financial and Industrial Arbitration;
Representing construction company in the Court of AIFC on dispute related to PPP project of construction of kindergarten against the Ministry of Education of Kazakhstan, claim amount USD 5 773 506.

Cyprus

Representing several depositors in the District Courts of Nicosia for their blocked funds at FBME Cyprus after the bank’s license was revoked by CBC on December 21, 2015;
Assisted several clients of FBME Cyprus to receive their compensation of EUR 100 000 (guarantee scheme deposit) from the Central Bank of Cyprus;
Legal Services in Recognition of Foreign Judgments in Civil, Commercial Matters and Arbitral Awards;
Arbitration proceedings, attended preliminary meetings, prepared pleadings and handled the entire hearing of claim in regards to a commercial dispute.

Georgia

Recognition of a foreign arbitration award - representing the interests of one of the major producers of railway wheels;
Representing a client in the local courts in the tax dispute on transfer pricing (USD 15 million);
Representing a client in the court dispute related to loan facility agreement against one of the largest commercial banks (claim USD 50 million);
Representing a local network of petrol stations against former owners in the case on invalidation of the real estate sale and purchase agreement (claim USD 60 million);
Representing a foreign investor in the local courts in the dispute related against a local commercial bank in a dispute on a return of deposits and invalidation of the mortgage agreement (EUR 15 million);
Representing a local non-profit organization against the state in the courts of Georgia on the return of payments to the state budget in the amount approximately USD 18 million;
Representing a locally incorporated entity created with foreign investments in arbitration dispute under the LCIA rules against the debtor - a local JSC and its guarantor on repayment of the loan approximately USD 4.3 million;
Representing the clients as creditors in insolvency proceedings of Imereti Greenery. The insolvency proceedings have been initiated by the Partnership Fund.

Kazakhstan

Representing a large international construction company in Kazakhstan in a dispute over invalidity of transactions worth over USD 200 million;
Taking part in litigation on enforcement of international arbitration award for the recovery of over USD 46 million in damages from a large Kazakh producer of oil & gas;
Representing a major Turkish construction contractor in a complex dispute with a customer arising out of several contracts worth approx. USD 40 million;
Representing a Russian air carrier in its dispute with one of Kazakhstan’s airports over an aircraft accident - a birdstrike. To date, there was no judicial practice on this issue. We created the first precedent in the Kazakh judicial practice by proving in court that the airport was liable for the damage;
Representing one of the largest Kazakh manufacturing plants in nine litigations with suppliers over fraud and invalidity of contracts. We have successfully invalidated fraudulent contracts;
Representing Kazakhstan’s largest producer of sunflower oil and related food products in its dispute over the ownership of railway tracks which connect its plant with the main railway;
Representing a Swiss bank, in proceedings for the recovery of debts from a Kazakh bank, which has gone bankrupt due to alleged fraudulent schemes of its shareholder which led to siphoning of assets of the Bank;
Advising one of Russia’s largest banks, in its potential foreclosure upon pledges in Kazakhstan underlying loans worth of USD 148 million. Assessment of risk mitigation strategies in the course of taking possession upon pledges;
Representing a Russian business in its disputes with the national air service control body which arose in the course of implementation of public procurement contracts. We have been able to successfully defend the client from the state company’s claims worth approx. USD 1.5 million;
Advising one of Russia’s largest producers of metallurgical products in relation to complex liquidation of some of its business entities in Kazakhstan;
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 a large German engineering and industrial company in a dispute with a subcontractor arising out of USD 8 million services agreement;
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 a leading Bulgarian pharmaceutical company in a civil dispute seeking invalidation of a regulatory authority’s restriction to register a medicine;
Representing the largest Indian bank in a dispute over recovery of debt over USD 7 million under a loan agreement;
Representing a large Dutch bank in pre-trial negotiations and foreclosure proceedings with a Kazakh pledgor in relation to the recovery of debt under a loan agreement worth approx. USD 24 million;
Representing one of the largest international banks in Kazakhstan in a dispute with a foreign borrower and a local pledgor over the recovery of approx. USD 5 million under a loan agreement and related transactions;
Representing one of Kazakhstan’s largest oil and gas construction companies in a series of multimillion-dollar construction disputes and related disputes with various contractors and customers;
Representing interests of a holding company managing assets in the oil and gas in a corporate dispute in AIFC Court.

Kyrgyzstan

Representing a major Kazakhstani mobile company, Jusan Mobile against a Kyrgyzstani state telecommunication company in a dispute on a debt recovery under the service contract;
Representing a major Russian manufacturer of electrotechnical equipment in a dispute on a debt recovery from OJSC “Severelectro”;
Advising a leading Chinese telecommunication company on potential court case on debt recovery and bankruptcy;
Representing interests of the leading bank in the Kyrgyz Republic in court on several labour disputes regarding payment of compensation for additional annual leave, regional salary coefficient, applicable bonuses and benefits;
Representing a leading Kazakhstani bank, Bank CenterCredit in a dispute over a real estate in Kyrgyzstan worth over USD 50 million;
Advised and represented Huawei Technologies Co., Ltd. as a creditor in bankruptcy procedure of the mobile operator Fonex (AkTel LLC), participated in court proceedings, creditors’ meetings, and advised the client on restructuring AkTel LLC, observed tenders and supported the client during the procedure of a special administration;
Representing a Korean insurance company in recognition and enforcement of arbitral award of the Korean commercial arbitration board;
Representing a major Chinese oil service and engineering company in recognition and enforcement of foreign arbitral award.

Moldova

Defending the prime-minister of Moldova in connection with a politically motivated case with fraud charges of EUR 250 million from a leading local Bank;
Representing one of the largest pharmaceutical distribution companies from Egypt in complex fiscal litigation with the annulment of certain administrative acts for the establishment of financial obligations related to customs duties (customs taxes and VAT) in connection with some types of medicines;
Representing Moldovan Authorities - State Road Administration before the Court of Milano and the Court of Venice, Italy in defending claims deriving from infrastructure development agreements in two arbitrations on contractual performance, with claims valued at over EUR 15 million;
Advising one of the major German construction companies in relation to several civil disputes in public procurement matters, as well as in domestic litigations regarding public procurement proceedings in connection with works and services of public interest. Deal’s value exceeded EUR 12 million;
Representing the largest supplier of electricity in Moldova in all court instances on debt collection case;
Representing a private company before central government authorities in a matter involving acceptance of government aid in the amount of EUR 1.2 million;
Representing a private company in court on a case of collecting a lost income of EUR 600,000;
Representing a private company in a mortgage law case against a commercial bank.

Mongolia

Represented the borrower during mediation and debt collection proceeding;
Represented Service provider for payment dispute with the Client and successfully executed Reconciliation agreement;
Represented the corporate clients on various commercial contract-related disputes under civil court proceedings.

Russia

Moscow

Successful representation of a Russian representative office of the world leading company providing services related to the utility systems, in a dispute with one of the largest oil refinery plants in the Russian Federation over the recovery of a debt under a construction contract;
Successful representation of a Russian office of a US company, a world leader in the development of tapping and plugging technologies, in a case on inclusion into a register of creditors of a company rendering repair works and technical support of gas pipelines of a claim in the amount of about RUB 1 billion;
Successful representation of a Russian subsidiary of one of the largest international entertainment channels in a series of disputes (over 10 disputes) with cable operators on enforcement and debt recovery under license agreements for about RUB 90 million.

Samara

Representing a large Russian company engaged in drilling and blasting operations for large infrastructure and construction projects in the Russian court proceedings related to the recovery of the debts from the counterparty;
Representing a large oilfield service company in a dispute with the largest oil company of Serbia to the recovery of the debt for the works performed and a counterclaim for recovery of losses caused by an oil well accident;
Representing an oil company in tax disputes in Russian courts challenging the tax audit results for the amount of additional expenses of USD 500 000;
Representing several European insurance companies in Russian courts in cases for reimbursement of the amount of the guarantees from a Russian company for USD 1 million.

Rostov-on-Don

Representing the largest cement producer in Europe in a corporate conflict with the Russian party and returning of assets previously moved out of the joint company for a total value of over USD 25 million;
Legal support in a large tax dispute in court between participants of the railway infrastructure and the tax authority. The dispute resulted in the 90% reduction of the amount of tax additional charges totalling to more than RUB 1 billion;
Representing a large agricultural enterprise in a corporate conflict. The client's control over the moved-out assets was restored;
Restructuring of the debt obligations of a large food processing company through the judicial procedures, including the bankruptcy procedure, which resulted in the preservation of the debtor's business;
A joint project with GRATA Moscow office to protect a subsidiary of a large foreign holding company against a claim for over RUB 900 million. The court proceedings resulted in the dismissal of claims brought against our client in full.

Saint Petersburg

Recovery of damages from the Bank due to their unlawful actions;
Successful representation of a major real estate developer in the Supreme Court of the Russian Federation in a dispute with the largest electric grid company in Northwest Russia;
Successfully protected the interests of KNAUF Petrobord LLC, a subsidiary of KHAUF, Group, in a dispute with Rosprirodnadzor (the Federal Service for Supervision of Natural Resources) over unlawful recalculation of coefficients on waste disposal limits;
Defended the interests of several major producers of food products in a dispute with the St. Petersburg Federal Antimonopoly Service (Department of the Federal Antimonopoly Service in St. Petersburg), as a result of which the charge of participating in a "cartel agreement" was declared unlawful;
Successfully represented a major defendant real-estate developer in arbitrazh court in a case for recovery of debt and penalties under promissory note sale and purchase agreements;
Representing a major construction trust in a dispute with the Federal Tax Service, resulting in a 94% reduction of tax authorities' claims;
Defending the interests of a major equipment manufacturer in the nuclear industry in a dispute over violations during project deliveries;
Representing a Client in a dispute over recovery of a total amount of RUB 270 million (about EUR 4.5 million) under agreements to novate prior transactions;
Advising a company on recovery of debts under a supply and subcontracting agreement from a large grocery retail chain;
Representing a major manufacturer of professional load-lifting equipment in a dispute over unlawful use of a trademark;
Defending the interests of one of the leading suppliers of timber processing equipment in Russia in a dispute over 10 different supply and work performance contracts;
Representation of a resource provider, the company's specialists have generated court practice on the recovery of the inter-tariff difference (subsidy) in favor of a person undergoing bankruptcy proceedings;
Representing a major medical equipment supplier in a labor dispute. As a result, court practice was formed on disputes related to cases of sick leave abuse.

Tajikistan

Advising and representing the interests of a Kazakhstan-based telecom operator in the economic courts of the Republic of Tajikistan on debt collection from the Tajik Internet provider;
Advising and representing the interests of the Branch of a French construction consulting company in the courts of the Republic of Tajikistan on labour issues;
Advising and representing the interests of the Branch of an American non-profit company in the courts of the Republic of Tajikistan on labour issues;
Advising and representation of the interests of a Russian commercial bank in the economic courts of the Republic of Tajikistan for the recovery of debts from a Tajik textile factory.

Turkmenistan

Acting as Turkmenistan law legal expert for a Turkish construction company in pre-judicial settlement of dispute due to issuance of wrong technical conditions and design documents by the owner of a construction project in Turkmenistan;
Acting as Turkmenistan law legal expert for Integral Petroleum SA in pre-judicial settlement of oil and gas delivery suspension dispute due to COVID-19 pandemic restrictions in Turkmenistan;
Acting as Turkmenistan law legal expert for an Iranian oil and gas company in an unlawful termination of contract case against Turkmenistan oil and gas company;
Acting as Turkmenistan law legal expert for a Belorussian chemical industry equipment manufacturer in an unlawful termination of contract and payment of damages case against Turkmenistan chemical industry company;
Consulting and representing interests of Employee vs. multinational oil & gas corporation;
Consulting and representing the interests of local IE before authorities of Turkmenistan within the framework of arbitration case on large-scale multijurisdiction deal.

UAE

Acting as a mediator in negotiating a dispute resolution in respect of enforcing USD 100 mln NY arbitration award in Abu Dhabi;
Litigating on behalf of major UAE FMCG client against one of the top Dubai’s banks to challenge the validity of mortgage securities worth of USD 50 mln;
Defending a series of employment claims for two major clients in Dubai;
Litigating on behalf of senior medical practitioner for a large compensation claim for wrongful dismissal act by a major hospital in Dubai;
Litigating on behalf of a large French group in a claim against landlord to retain and renew existing lease of their headquarter in Dubai;
Litigating against international insurance company for a compensation claim in relation to motor insurance;
Fighting petition to challenge validity of prior registration of competing trademark to our client;
Defending multiple claims (including real estate dispute) on behalf of high-net-worth client in relation to marriage separation;
Advising an international client in relation to corporate dispute with her partners in various entities in Dubai.

Ukraine

Representing the interests of the client during debt collection via foreclosure and in cases related to the termination of loan security;
Representing clients (debtors or creditors) in a number of bankruptcy cases, challenging agreements concluded by the debtor and one of the creditors within the bankruptcy proceedings;
Defending client’s interests in the dispute with Ministry of Infrastructure of Ukraine related to violation of antitrust regulations (abuse of monopoly position);
Challenging the registration actions of the notary related to registration of title to integral property complex;
Challenging the decision of the permanent commission of Antimonopoly Committee of Ukraine on claims related to state procurements;
Representing a client in a dispute related to the recognition of information shared in media as false;
Representing the interests of one of the largest operators of railway rolling stock in cases of compensation for damages caused by armed aggression;
Representing the interests of one of the leading petroleum trading companies in case of compensation for damages caused by armed aggression.

Uzbekistan

Successful defense of Coca-Cola Bottlers Uzbekistan in a USD 2 million potential tax avoidance case against the State Tax Committee of Uzbekistan;
Successful defense of UzBAT JV against a lawsuit for annulment of unilateral termination of employment filed by a highly ranked official;
Successful representation of the leading Russian financial institution in recognition and enforcement of Russian arbitration decision case in Uzbekistan;
Acting as Uzbekistan law expert at Singapore International Arbitration Centre in a case between Uzbekistan oil and gas company and Alcatel Shanghai Bell in respect of FIDIC EPC based contract;
Successful representation of Bunyodkor FC football club at CAS (Switzerland) in a dispute against Rivaldo (Brasil) and annulment of FIFA decision;
Representing a Ukrainian metal trader in a dispute with the State Joint Stock Railway Company of Uzbekistan for the recovery of the principal debt, penalty and legal costs of USD 600 000;
Successful defence of Nestle in a case filed by a local distributor for the recovery of the lost income of USD 750 000;
Successful representation of Knauf International in the tax dispute in respect of unlawful collection of taxes for the amount of USD 400 000;
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;
Representation of interests and restoration of violated rights of foreign citizens in labor disputes with the International Educational Institution Akfa University and recovery of compensation in the amount of about USD 50 000;
Representation and protection of rights and interests in the Tashkent City Court on criminal cases of employees of a large credit institution in Tashkent on charges of fraud, tax evasion and abuse of power;
Successful representation of the interests of the International Pharmaceutical Enterprise (Latvia) in courts in cases of recognition and enforcement of decisions of foreign and arbitration courts in the Republic of Uzbekistan and further work with state executors;
Representation of a large construction company on termination of a construction contract, collection of a guarantee and damages from the Contractor due to non-fulfillment of the terms of the contract. Claim amount over USD 100 000;
Representation of interests and protection of the rights of a large IT company of the Republic of Belarus in court, in a dispute in the amount of more than USD 300 000 with a local bank under a license agreement;
Representing the interests and rights of the largest Russian telecommunications company in an administrative court against the Interregional Tax Inspectorate for Large Taxpayers on the issue of claiming payment of tax debt in the total amount of USD 300 000;
Successful defense of a large tobacco company in Uzbekistan on the recognition of contracts as invalid, as well as as victims in criminal proceedings, with subsequent recovery of damages.