Practice Area

Dispute Resolution and Litigation

Description Experience

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

Talgat Sariev

Partner

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

Talgat Sariev is experienced representing clients in disputes with state authorities, including customs cases. He is well versed in tax matters and also represents clients in commercial disputes. Sources refer to his solid and strategic approach to problem solving, saying: "He makes well-formulated, good arguments."

Chambers & Partners, Global 2018

Signum Law Firm is experienced in commercial, employment, tax and administrative disputes. Managing partner Sofiya Zhylkaidarova is a key name for commercial disputes, while Talgat Sariev handles labour and employment issues.

The Legal 500, Europe, Caucasus and Central Asia, 2018

“The firm has strong expertise and practice in subsoil use, including in relation to stabilised subsoil use contracts and production sharing agreements. Among their strengths I would also highlight their dispute resolution and litigation practice in civil and administrative cases. The firm has represented us in many and various disputes and litigations, and always demonstrated diligence and proficiency in the subject matter.”

Asialaw Profiles, 2018

“Excellent professionals, with wide local and international experience, high standards, focused on results and performance.”

Asialaw Profiles, 2018

“Strengths: Tailor made approach from assisting lawyer, accuracy to details, client oriented approach.”

Asialaw Profiles, 2018

“Professional all round corporate law firm covering most aspects of corporate law but with very strong knowledge of oil and gas sector sub soil use law.”

Asialaw Profiles, 2018

“Professional and client oriented approach at all levels of management.”

Asialaw Profiles, 2018

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

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.