Practice Area
Dispute Resolution and Litigation
Dispute Resolution and Litigation
SIGNUM litigation lawyers are entrusted by its clients with the most sensitive and complex matters as well as day-to-day disputes. Having extended knowledge of Kazakhstan procedural legislation and court practice, our team of experienced and focused litigation lawyers advises on the most winning strategy and on effective solutions to protect the clients’ interests in Kazakhstan courts.
For each specific case, we create a special team involving litigation lawyers and lawyers specialized in practice areas related to the case. Our clients benefit from using our associated partners – advocates – who are engaged in criminal and administrative proceedings in Kazakhstan.
Our litigation lawyers have succeeded in numerous cases involving major Kazakhstan and international companies in different sectors – oil and gas, telecommunications, mining, transportation, service industries etc. Our litigation law team experience includes dispute resolution in different sectors, and our lawyers participate in complex and high-profile disputes involving international and local companies, governmental organizations and individuals.
Lead Practitioner
Service includes the following directions
- Commercial Disputes
- Tax Disputes
- Employment Disputes
- Administrative and Public Law
- Tort Claims
- Pre-Trial Settlement
- Amicable Settlement
- Criminal Proceedings
- Court Orders, Prohibition Orders, Arrest Orders
- Claim Securities
- Arbitration
- Enforcement
Experience
Commercial Disputes
- Representing lessor in litigation on a case of unlawful seizure of leased asset.
- Representing an international telecom company in litigation against a contractor on a case of breach of a contract (disputed amount ~$1.5 million).
- Representing general contractor in litigation against a subcontractor on a case of improper performance under turnkey construction contract (disputed amount ~$1.2 million).
- Representing mining company in litigation against a bank on a case of enforcement of bank guarantee (disputed amount ~$700k).
- Representing an international chemical company in litigation against a dealer on a case of recovery of payment for delivered goods.
- Representing an international company in litigation against counterparty on a case of debt recovery related to goods delivery and service performance.
- Representing an international company in litigation against a customer on a case for damages caused by defects in services.
Tax Disputes
- Legal advice to one of the supermajor oil companies on tax matters in Kazakhstan relating to VAT return and challenged the decisions of the tax authorities.
- Legal advice to the Client on a potential tax controversy arising out of the applicability of the specialized tax regime to the operations of major european oil and gas company in Kazakhstan under Production Sharing Agreement.
- Legal advice to one of the supermajor oil companies on tax matters in Kazakhstan relating to VAT return and challenged the decisions of the tax authorities.
- Representation of one of the largest independent specialized companies in Russia with high accumulated expertise in the process of appealing the tax authorities’ decision on allegedly outstanding royalty payments.
- Representation of one of the leading global suppliers of electromechanical equipment and services for hydropower plants in the process of appealing the tax authorities’ decision to charge taxes for the total amount EUR 600 000
- Representation of the largest company specializing in design and construction of optical fiber communication lines and water supply networks in the court proceedings against tax authorities on appealing the notification on tax audit results on total cost USD 716 000
- Representation of the Client at the stage of appealing the decisions of the two previous court instances to the Supreme Court of Kazakhstan.
- Litigation between PSA operator and tax authorities – a case following tax audit (accrued taxes ~$20 million).
- Litigation between an international air carrier and tax authorities – a case following accrual of CIT due to incorrect application of Double Taxation Treaty (accrued taxes ~$1.3 million).
- Litigation between uranium company and tax authorities – a case following tax audit (accrued CIT, Mineral extraction tax, property tax, other payments of subsoil user, etc. ~4 billion tenge).
- Litigation between FMCG company and tax authorities – a case following tax audit (accrued taxes ~$15 million).
- Litigation between FMCG company and customs authorities – a case following accrual of customs payments due to inclusion of royalties in customs value.
- Litigation between an international oil company and tax authorities – a case following tax audit on transfer pricing (accrued taxes ~$2.5 million).
- Litigation between construction company and customs authorities – a case following accrual of customs payments (accrued payments ~$1.5 million).
- Litigation between foreign company providing geophysical research services and tax authorities – a case following accrual of VAT (accrued tax ~$300k).
- Litigation between uranium company and tax authorities – a case following refusal to refund VAT (disputed amount ~$8 million).
Employment Disputes
- Representing an international oil company in legal proceedings against a former head on forced dismissal case.
- Representation in a case between an international oil company and its management on abuse of authority.
- Representing service company in litigation against employees on collective claim for compensation.
- Representing uranium company in litigation against employees on claim for application of coefficient of an environmental disaster zone.
Administrative and Public Law
- Representing international oil company in litigation against ecology department on recovery of environmental damage caused by illegal mining of common minerals (disputed amount ~3.9billion tenge).
- Representing international oil company in litigation against geology inspection on recovery of damages to subsoil caused by underproduction (disputed amount ~4.2billion tenge).
- Representing international oil company in litigation against environment protection authorities on recovery of environmental damages caused by illegal gas flaring (disputed amount ~$30 million).
- Representing international oil company in litigation against environment protection authorities on recovery of environmental damages caused by illegal gas flaring (disputed amount ~$1 million).
- Representing international oil company in litigation against competent authority on unilateral termination of a subsoil use contract.
- Representing international oil company in litigation against competent authority on appealing a notification on breach of contractual obligations.
- Representing international oil company in litigation against competent authority on refusal of extension of subsoil use contract due to force majeure.
- Representing international oil company in state bodies and in courts on establishing servitude on agricultural lands for pipelines construction purposes.
- Representing uranium company in litigation against local executive body on appealing withdrawal of a decision on granting land plots.
- Representing uranium company in litigation against forest protection bodies on recovery of damages caused by destruction of fertile soil in forest.
- Representing international oil and gas company in litigation against ecology department on recovery of damages to soil caused by oil spills after accident on a well.
- Representing international oil company in litigation against sanitary inspection on appealing suspension of field operations.
- Representing insurance company in litigation against regulatory body on appealing withdrawal of a license.
- Representing international oil company in litigation against customs authorities on appealing restriction of import of equipment.
- Representing international oil company in dispute with internal affairs authorities on issues of compliance with anti-terroristic legislation.
Criminal Proceedings
- Case of allegation of management of an international oil company in a criminal case on the basis of an anonymous claim.
- Case of allegation of an international oil company of unlicensed activity.
- Case of allegation of the management of an international service company of fraud.
- Case of allegation of management of the international oil company of tax evasion.
Arbitration
- Representing uranium company in the Kazakhstani arbitration in dispute against a contractor on breach of construction contract.
- Preparation of legal opinion for international arbitration on application of Kazakh law on disclosure of confidential information to foreign courts and arbitration.
- Preparation of legal opinion for international arbitration on application of Kazakh law on turnkey construction contract (FIDIC).
- Preparation of legal opinion for a foreign court on application of Kazakh law on responsibility of officials of a legal entity, on issues of limitation period.
- Execution of arbitral award on recovery of debt from one of the founders of a joint venture in Kazakhstan.
Articles and publications
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