Dispute Resolution and Litigation

Experience

Our lawyers have been engaged in the following most significant cases (some examples):

Commercial disputes

  • contractor under Kashagan project and subcontractor dispute – a $1,2 mln dispute under EPC contract between contractor of Kashagan project and a subcontractor;
  • PSA operator and Kazakh oil transporting company dispute – a $2,3 mln worth case following early termination of a contract for oil loading services;
  • international telecom company and Kazakh company dispute - $1,5 mln case following failure of Kazakh company to make payments under a contract;
  • kazakh oil corporation and drilling company dispute – pre-court settlement of $1,5 mln dispute under a contract for drilling wells;
  • landlord and tenant dispute – a claim by a tenant on termination of a lease contract due to lack of supply of agreed office conditions resulting in several years lease ceased with potential exposure of more than $1,2 mln of direct losses.

Tax disputes

  • PSA operator and the Tax Committee dispute – a case following complex tax inspection and charging $70 mln of taxes;
  • international oil company and the Customs dispute – a case following the Customs’ charge of $10 mln export customs duty;
  • Dutch provider of geophysical services and the Tax Committee dispute – a case following VAT inspection and charging over $300 thousand of VAT for geological and geophysical services;
  • international outsourcing company and the Tax Committee dispute – a case following complex tax inspection and charging over $400 thousand of PIT, Social Tax and payments to pensions funds;
  • Kazakh uranium producer and the Tax Committee dispute – a pre-court settlement of a dispute following complex tax audit and charging $10 mln as well as further court case on unsettled $150 thousand;
  • international oil company and the Tax Committee dispute – a case following transfer pricing control application and charging over $200 thousand;
  • PSA operator and the Tax Committee dispute – a case following complex tax inspection and charging $2 mln of taxes.

Employment disputes

  • German oil company and top-manager dispute – a case between an employee and employer regarding compensation for forced outage;
  • international oil company and top-managers dispute – an employment case regarding allegation of misconduct of top-managers and their further dismissal;
  • large drilling company and several employees – an employment case under a collective claim of former employers regarding groundless claims on dismissal and payment of compensation;
  • trade union (more than 3000 employees) and oil and gas condensate project in West Kazakhstan (represented by its general contractor)– dispute regarding change of working conditions, increase of compensations and salaries.

Administrative and public Law

  • representing the local insurance company in courts on the matter of insurance license withdrawal;
  • business issues legal support to the European insurance company on the employment and litigation issues;
  • international oil company and the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan dispute – a case following unilateral termination of subsurface contract by the Ministry;
  • PSA operator and the Ministry of Environment Protection of the Republic of Kazakhstan dispute – a case of allegation of PSA operator of illegal gas flaring and relevant $1 mln damage to environment;
  • numerous administrative case against the Migration Police on allegation of expatriates of violation of migration laws, work permits terms and visa conditions;
  • PSA operator and the Sanitary Inspection dispute – a dispute on suspension of operations on a camp site;
  • German oil company and the Ministry of Environment Protection of the Republic of Kazakhstan dispute – a case of allegation of illegal gas flaring and relevant $30 mln damage to environment;
  • international telecom company and the Customs dispute – an administrative case on allegation of improper customs clearance and further confiscation of $1 mln worth equipment;
  • numerous administrative case against the Tax Committees on allegation of directors and accountants of different companies in tax avoidance;
  • administrative case of allegation of a contractor under Kashagan project of violation of terms of license;
  • PSA operator and the Customs dispute – a case following the Customs’ restriction of importation of equipment by PSA operator.

Criminal proceedings

  • case of allegation of international oil company of criminal offense initiated under anonymous claim;
  • case of allegation of international oil company of unlicensed activity;
  • case of allegation of a director of international oil company of tax avoidance;
  • case of allegation of a former director of international service/trading company of fraud;
  • case of allegation of a PSA operator of tax avoidance.

Arbitration

  • legal opinion on application of Kazakh laws for an international arbitration regarding disclosure of confidential information to foreign courts and arbitration courts;
  • legal advice on application of Kazakh laws for an international arbitration regarding EPC contract (under FIDIC rules);
  • legal advice on application of Kazakh marital laws for a foreign court;
  • enforcement of the arbitration decision on debts recovery by one of the shareholders of Joint Venture.

Insolvency

  • legal advice on insolvency issues under Kazakh laws for large international oil trading company regarding $15 mln dispute.

Contact persons:



Talgat Sariev

Contacts:
Mobile: + 7 701 218 07 03
tbs@signumlaw.com



Rakhat Baisuanov

Contacts:
Mobile: +7 701 221 93 04
rdb@signumlaw.com

 


© SIGNUM Law Firm 2012