SIGNUM’s Dispute Resolution practice represents international and Kazakhstan companies in complex commercial, corporate, tax, employment and administrative disputes, as well as proceedings involving energy, natural resources, construction and other regulated industries. We support clients throughout the entire dispute lifecycle – from risk assessment and strategy development to negotiations, litigation or arbitration and enforcement of judgments and awards.
Each dispute requires a tailored approach. Depending on the nature of the matter, we assemble teams combining experienced litigators with lawyers from the relevant industry or specialist practice. This enables us to address procedural strategy, the client’s commercial objectives and the underlying regulatory issues as an integrated whole. Where required, we also coordinate with advocates and other specialists across Kazakhstan.
SIGNUM has substantial experience in disputes involving international and Kazakhstan companies, government authorities and other market participants. Our lawyers have represented clients in significant and complex matters across the oil and gas, mining, telecommunications, transport, construction and other sectors. We focus on identifying the most effective route to protecting our clients’ interests – including pre-litigation settlement and commercially acceptable solutions where these offer a better outcome than prolonged proceedings.
Successfully defended clients in two court proceedings brought by bankruptcy administrators seeking recovery of alleged receivables and unjust enrichment. In one matter, we secured the cancellation of an earlier judgment issued without proper notice to the client, after which the claim was left without consideration.
Successfully represented a lessor in proceedings for the recovery of leased equipment valued at more than KZT 60 million. We secured the invalidation of subsequent sale transactions and the return of the asset to our client.
Represented shareholders in the pre-litigation settlement of a corporate dispute arising from the sale and purchase of interests in a Kazakhstan LLP. The amount in dispute was approximately USD 13 million.
Represented a major paper products manufacturer in a dispute concerning recovery of amounts due under a distribution agreement. The claim was approximately KZT 1 billion.
Represented a leading international manufacturer of dialysis products in a dispute with a distributor involving approximately EUR 3 million.
Represented a major subsoil user in a dispute with a contractor concerning improper performance of well drilling works. The amount in dispute was approximately KZT 2.8 billion.
Represented an international telecommunications company in litigation against a contractor arising from improper performance of contractual obligations. The amount in dispute was approximately USD 1.5 million.
Represented a general contractor in litigation against a subcontractor concerning improper performance of a turnkey construction contract. The amount in dispute was approximately USD 1.2 million.
Represented a mining company in litigation against a bank concerning enforcement of a bank guarantee worth approximately USD 700,000.
Represented international companies in disputes concerning recovery of amounts due for supplied goods and services and claims for damages resulting from breaches of contractual obligations.
Advised and represented major oil and gas companies in Kazakhstan on VAT refunds and challenges to decisions of the tax authorities, including disputes relating to different tax periods.
Represented international oil companies in litigation concerning the stability of special tax regimes established under production sharing agreements.
Represented a major uranium mining company in litigation against the tax authorities involving approximately KZT 6 billion.
Represented a major oil company in litigation against the tax authorities concerning transfer pricing.
Represented a PSA operator in litigation challenging the results of a comprehensive tax audit, with additional assessments of approximately USD 20 million.
Represented an international FMCG company in litigation challenging the results of a tax audit involving additional assessments of approximately USD 15 million.
Represented an international airline in litigation challenging a corporate income tax assessment resulting from the incorrect application of a double taxation treaty. The additional assessment was approximately USD 1.3 million.
Represented a major company specialising in the design and construction of fibre-optic networks and water infrastructure in litigation challenging the results of a tax audit involving approximately USD 716,000.
Represented one of the world’s leading suppliers of electromechanical equipment in challenging additional tax assessments totalling approximately EUR 600,000.
Represented a uranium mining company in litigation challenging the denial of a VAT refund of approximately USD 8 million.
Represented a foreign geophysical services company in litigation challenging an additional VAT assessment of approximately USD 300,000.
Represented a major oil company in litigation against the customs authorities involving approximately USD 2.5 million.
Represented an international FMCG company in litigation against the customs authorities concerning the inclusion of royalties in the customs value of imported goods.
Advised one of the world’s largest suppliers of bunker fuel and lubricants on the unlawful transfer of the client’s customs guarantee to the state budget.
Successfully represented a client in proceedings against a national company challenging the reconsideration of tender results. The dispute proceeded through all three judicial instances, including the Supreme Court of Kazakhstan.
Represented a subsoil user in a dispute with the Ministry of Energy of Kazakhstan concerning the performance of licence obligations. As a result of the proceedings, the authority’s claim was reduced from KZT 172 million to KZT 63 million.
Represented a major oil producer in challenging a notice issued by the competent state authority alleging breaches of obligations under a subsoil use contract, including proceedings before the Supreme Court of Kazakhstan.
Represented major oil companies in negotiations with government authorities concerning amendments to subsoil use contracts as part of pre-litigation dispute settlement.
Represented an international oil company in a dispute with the competent state authority concerning an extension of a subsoil use contract due to force majeure circumstances.
Represented an international oil company in litigation challenging the unilateral termination of a subsoil use contract.
Represented a major oil company in several environmental disputes, including claims for environmental damage totalling approximately KZT 7 billion and a separate dispute concerning environmental emission payments of approximately KZT 700 million.
Represented an international oil company in litigation against environmental authorities concerning alleged environmental damage resulting from gas flaring. The amount in dispute was approximately USD 30 million.
Represented an international oil and gas company in litigation against environmental authorities concerning alleged soil damage resulting from an oil spill and a well accident.
Represented an international oil company before government authorities and the courts in proceedings concerning the establishment of a land easement for the construction and operation of pipelines.
Represented a uranium mining company in litigation against a local executive authority challenging the revocation of a decision granting a land plot.
Represented an insurance company in litigation against the regulatory authority challenging the revocation of its licence.
Represented an international oil company in litigation with a former senior executive concerning termination of employment.
Represented an international oil company in litigation involving its managers and issues relating to alleged excess of authority.
Represented an international service company in litigation arising from a collective claim by employees for compensation payments.
Represented a uranium mining company in litigation with employees concerning the application of a special coefficient to payments for work performed in an ecological disaster zone.
Defended senior executives of an international oil company in criminal proceedings initiated following an anonymous allegation.
Defended an international oil company in proceedings involving allegations of conducting activities without the required licence.
Defended senior executives of an international service company in proceedings involving allegations of fraud.
Defended senior executives of an international oil company in proceedings involving allegations of tax evasion.
Assisted with the recognition and enforcement in Kazakhstan of judgments of the Dutch courts obtained by a foreign client in a dispute arising from a distribution agreement.
Successfully obtained a court ruling invalidating an unworkable arbitration clause in an agreement between Dutch and Kazakhstan companies, enabling the client to pursue its claim before the state courts.
Represented a uranium mining company in Kazakhstan arbitration proceedings against a contractor concerning improper performance of a construction contract.
Prepared an expert opinion for international arbitration proceedings on the application of Kazakhstan law to the disclosure of confidential information to foreign courts and arbitral tribunals.
Prepared an expert opinion for international arbitration proceedings on the application of Kazakhstan law to a FIDIC-based turnkey construction contract.
Prepared an expert opinion for a foreign court on Kazakhstan law concerning the liability of corporate officers and the calculation of limitation periods.
Assisted with the recognition and enforcement in Kazakhstan of an arbitral award for recovery of debt from a participant in a joint venture.