Kazakhstan

Grata has a track record of advising international banks and companies on project finance and financial transactions. The firm has a close working relationship and effective communication with the financial regulators in Central Asia. Shaimerden Chikanayev oversees the banking and finance practice and is experienced in project finance in the energy and mining industries.

Michael Wilson & Partners has a strong focus on Islamic finance, loans and credit facilities, securitisation and structured finance. Michael Wilson is a prominent name in the region and has vast experience in advising banks and companies in Kazakhstan on various kinds of financing. A recent highlight shows Wilson assisting a regional bank in its recovery of substantial debts.

Aituar Madin, Semion Issyk and Madiyar Bekturganov at Zan Hub lead a decent banking and finance practice in Kazakhstan. The firm advised European Bank for Reconstruction and Development on numerous project finance deals totaling $400 million. The firm assisted in various loans and credit facilities and associated financial regulatory issues. In December 2016, Damu advised Entrepreneurship Development Fund on a €200 million ($236 million) loan facility with European Investment Bank. A recent highlight shows Sberbank entrusting the firm to advise on the $400 million financing of Celtic Resources, a gold mine operation company.

Michael Wilson & Partners advises foreign investors and companies on debt capital markets and equity-linked instruments.  Michael Wilson advised an international financial institution on cash settled over-the-counter (OTC) commodity derivatives and metal trading activities in Kazakhstan.

Zan Hub’s capital markets practice is led by Aituar Madin and Semion Issyk. In June 2016, the firm advised KazMunaiGas Exploration Production (KMG EP) on a $1.3billion buyout of minority shareholders of KMG EP by National Company KazMunaiGas, the major shareholder of KMG EP. The firm also advised Balkhash Thermal Power Plant Joint Stock Company (BTPP JSC) on a $4 billion Eurobond issuance, bankability issues and regulatory review. Issyk advised Development Bank of Kazakhstan on the novation to the sukuk programme’s documentation with the Royal Bank of Scotland Berhad, HSBC Amanah Malaysia, Royal Bank of Scotland and CIMB Investment Bank.

Grata is experienced in advising corporates and government authorities on antitrust law. Bolat Miyatov advised Petro Welt Technologies on obtaining merger clearance in Kazakhstan. Saule Akhmetova advised an international wholesale company on potential legal risks in anti-monopoly regulations. Akhmetova also advised Monster Energy on distribution contracts to be recognised as anti-competitive.

Amir Begdesenov and Vitaliy Vodolazkin oversee the competition and antitrust practice of Sayat Zholshy & Partners. “The firm is famous for this practice,” says a partner at a rival firm. “The communication with them is very clear and professional. They are available at all times of the day,” explains a client. The firm advised inDriver, a transportation network company, on an antitrust litigation for the alleged violation of motor transportation and telecommunications laws and restriction on its business launch in Kazakhstan. The firm also advised a food company on an antitrust lawsuit and the associated ban of product advertising in Kyrgyzstan filed by its competitor.

Grata provides a broad spectrum of service on real estate transactions and regulations. The firm also assists clients in conducting due diligence of targets seeking title clearance. Yerzhan Yessimkhanov advised Mercury Real Estate Group on its acquisition of several business centres, offices and other real estate facilities. Yessimkhanov also advised Bentton Real Estate International on the sale of four commercial facilities in Kazakhstan to a local buyer. In November 2016, a domestic developer entrusted the firm to advise on the construction, management agreements and tax advice of a luxury residential facility.

“Grata is a top merger and acquisition (M&A) law firm in the Kazakh market,” says a satisfied client, “All lawyers are very reliable and hardworking, always willing to go the last mile to achieve the best possible outcome.” In September 2016, Bolat Miyatov advised China Gezhouba Group Cement on the establishment of a KZT30 billion ($90 million) joint-venture in Kazakhstan for a strategic governmental project to construct a modern cement factory. Miyatov also advised an international cosmetics producer on an intra-group transaction. Another highlight shows the firm acting as the legal counsel for Uber on its business launch in Kazakhstan.

Michael Wilson & Partners specialises in corporate advisory including employment, licenses, structuring and restructuring, and tax matters. Michael Wilson advised a global company on its employee share plan in the South Caucasus region.

The corporate and M&A practice of Sayat Zholshy & Partners has notable lawyers Arman Berdalin, Rustam Ospanov and Amir Begdesenov. Berdalin advised a multinational internet corporation on the establishment of a Kazakhstan subsidiary. Berdalin also assisted an Iranian holding company listed on the Tehran Stock Exchange (TSE) in conducting due diligence of a targeted group of companies and advising on the structuring of the transaction for acquisition of the group. In a recent highlight, Berdalin and Begdesenov advised a Chinese Fortune Global 500 company on its acquisition of a leading Kazakhstan tank car operator. “This law firm works efficiently, quickly and securely,” says a client.

Unicase had another busy year advising domestic and foreign clients on corporate and M&A matters in Kazakhstan. “The team led by top-notch professional Raushana Chaltabayeva has presented deep knowledge within this practice,” says a client, “The team performed clear understanding in the sphere our company operates and the transaction eventually had a smooth and positive closure.” Zhanar Abdullayeva and Artem Timoshenko advised DHL on structuring its main logistics centre within the EXPO-2017 platform. The firm also advised Caspian Natural Resources on the sale of shareholding in a Kazakh subsoil company for $75 million. A recent highlight shows the firm advising PKP Energetyka and Goldwind International Holdings on the establishment of a subsidiary company in Kazakhstan.

At Verum, Azamat Chinetov advised NEC Neva Communications Systems on the re-registration process of the company. Chinetov also advised a gold mining company on its acquisition of a domestic gold mining company for $130 million.

Grata has a very good standing in the country for its excellent dispute resolution advisory and representation. “The lawyers I have worked with are very proactive, professional and thorough,” says a client. Bakhyt Tukulov advised a technology company on a transport dispute involving more than 13 parties with a liability of over $5 million. Tukulov also assisted the same client in a $30 million project dispute. The firm is representing an international industrial service company, a creditor, in a court ordered administration on bankruptcy and rehabilitation before the District, Appellate and Cassation Courts. The firm also represented a packaging company in a series of insolvency and fraud litigation.

Michael Wilson & Partners offers “comprehensive and insightful” pre-dispute advice and assists clients in class actions and multi-jurisdictional disputes. The firm focuses on IP, employment and corporate disputes. Michael Wilson advised a foreign investor on a criminal investigation in Kazakhstan against the ultimate beneficiaries of the debtors and strategy to recover debts owed by an energy company under loan agreements.

“Sayat Zholshy & Partners has a very strong and professional legal team on the issues related to litigation in Kazakhstan,” says a client. “The firm provides top of the line services. The partners are always available to answer questions,” adds another. Vitaliy Vodolazkin advised a minority shareholder of a Kazakhstan construction materials producer on a corporate dispute. Vodolazkin and Dmitriy Chumakov advised Halliburton on the opposition of the justice authorities’ refusal of Halliburton’s construction of power transmission lines. The firm is also representing the founders of Sun Cinema in numerous rehabilitation proceedings.

At Unicase, Artem Timoshenko advised Altai Invest Group on a dispute with the Ministry of Finance of Kazakhstan against the application of a higher customs duty rate. Timoshenko also represented Peri Kazakhstan, a leading timbering and construction systems producer, on a debt recovery before the Court of First Instance.

Michael Wilson & Partners specialises in regulatory and contract advisory for clients from the mining, energy, and oil and gas sector. Michael Wilson advised a listed company on the Kazakhstan Stock Exchange (KASE) on the new subsoil use code in Kazakhstan and on pre-emptive rights.

Unicase is a trusted partner of government agencies and companies seeking energy and natural resources advice. “The firm has strong technical knowledge, satisfactory dedication to detail,” says a client. Raushana Chaltabayeva and Saniya Perzadayeva advised the International Renewable Energy Agency and the Ministry of Energy of Kazakhstan on a renewable energy roadmap report. The firm also advised a foreign mining company on potential acquisition of stake in a domestic mining company for $2 billion.

“Our cooperation with Verum lawyers has started approximately five years ago and we have been in touch with them whenever we need prompt yet tailored advice,” says a client. “We highly value its ability to investigate a wide range of issues, including socio-political stability in the country, which is of crucial importance and affects businesses in Kazakhstan.” Azamat Chinetov and Mirbek Kydyrov advised Kazakhaltyn on subsoil use legislation implications relating to gold mining and negotiations with state authorities for transaction approvals.

Peers and clients unanimously agree that Bolotov & Partners has an outstanding Intellectual Property (IP) practice, with one client saying: “This firm showed itself as very client-oriented, easy to work with. The specialists involved were extremely knowledgeable, competent and fast.” “Yuri Bolotov is a leading player in the market,” say a partner at a rival firm. Bolotov advised Louis Vuitton on trade mark protection against counterfeit goods and parallel imports. Another recent highlight shows the firm advising Procter & Gamble on various IP enforcement matters. The firm also represented a leading car company’s interests in the Ministry of Justice and Parliament to protect its IP rights.

At Grata, Saule Akhmetova advised a leading food manufacturer on a trade mark litigation to ensure the exclusive rights to the mark before a civil court. Akhmetova and Bakhyt Tukulov advised a Spanish clothing company on administrative proceedings, confiscation and destruction of counterfeit goods. In a recent highlight, Berekmoinov advised an international restaurant chain on drafting and registering its trade mark license agreement.

Michael Wilson & Partners has a solid IP practice and advises on trade mark and patent transactions, registrations and disputes. “The responsive and co-operative team has taken every opportunity to win work and to become trusted advisers,” says a client. “The firm is client oriented with quick reply for the requests. The firm does its best to meet all client’s expectations,” adds another. Michael Wilson advised a leading informational technology company on data protection laws and regulations in Kazakhstan.

Sayat Zholshy & Partners is known for its integrated IP and dispute resolution practice. “The firm acted very professionally and delivered in an excellent manner on all our expectations,” says a client. “I have been extremely impressed by the quality of work of this firm. The IP team is extremely responsive and knowledgeable and I could not fault their performance.” Vitaliy Vodolazkin advised a domestic food company on a trade mark invalidation and litigation filed by a competitor.

Grata has a strong focus on advising international clients from the telecommunication sector on their operations in Kazakhstan. “We have worked with the same team for over three years. They are responsive, understand the legal issues and have a solid commercial awareness of doing business in Kazakhstan,” says a client. Yerzhan Yessimkhanov, Maxim Burak and Assel Illysova advised Uber on its legal framework, negotiations with state authorities and tax issues for its market entry. Yessimkhanov also advised Huawei on the construction of telecommunication networks in Kazakhstan. China Telecom has entrusted the firm for years to provide regulatory, contractual and tax advice.

Michael Wilson & Partners assists foreign technology companies on market entry and business expansion in Kazakhstan. The firm regularly advises on corporate matters, licensing and M&A transactions.  Michael Wilson is advising a global stock transfer company on an employee share plan in Azerbaijan. “The lawyers are very knowledgeable, professional and responsive. Their advice is commercial enough,” says a client.

Grata has one of the “most competitive” labour practice teams and advises on a full range of labour issues. A client recommends the firm for the team’s “excellent judgment and ability to advise on complex situations”, “high ethical standards” and “outstanding execution capabilities”. Saule Akhmetova advised a global healthcare company on business restructuring and employee transfers. Bolat Miyatov advised a chemical company on amending internal policies, procedures, handbooks and labour agreements so they are in line with Kazakh labour legislation. The firm also advised an international oil and gas company on termination of employees.

Dmitriy Chumakov at Sayat Zholshy & Partners is an expert in the labour and employment practice in the market. “Chumakov has given us a very good degree of confidence about the risks assessment,” says a client. Chumakov advised a leading oil and gas service company on alternative dispute resolution, workers’ compensation and employee benefits. Chumakov also advised a skincare manufacturer on termination of employment contracts. In 2016, the firm advised a courier company on termination of employment contracts with a CEO and their team members for unfair practices.

“Services provided by Unicase is timely and of high quality,” says a client. Artem Timoshenko advised Tethys Petroleum on the newly enacted Labour Code. Timoshenko also advised Tarbagatay Munay on workers’ compensation and contract compliance as an aftermath of currency devaluation in Kazakhstan. In another highlight, the firm advised Ramstor on labour due diligence of internal company documentation and termination of labour agreements.

Grata is a consistent performer in the market and regularly advises investors and construction companies on project finance and regulatory matters. Yerzhan Yessimkhanov and Bakhyt Tukulov advised Altynalmas Engineering on drafting an engineering, procurement and construction (EPC) contract based on the International Federation of Consulting Engineers (FIDIC) Silver Book which is adopted to Kazakh practice and regulatory requirements. The firm also advised KazStroyService on numerous judical proceedings with claims totalling $1.5 million against a local subcontractor over a contractual dispute.

Sayat Zholshy & Partners is recognised for its solid experience in project finance in the mining and telecommunication sectors. Amir Begdesenov advised Batys Transit on the $100 million construction of a circuit for external power supply in the National Industrial Petrochemical Technopark, a special economic zone, with Karabatan Utility Solutions. Begdesenov also advised Kcell on an agreement on 4G/LTE network sharing with Beeline Kazakhstan.

At Unicase, Raushana Chaltabayeva advised a Chinese telecommunications company on a $203 million public–private partnership (PPP) project. Saniya Perzadayeva and Chaltabayeva also advised European Bank of Reconstruction and Development on financing of street lighting modernisation projects in Oskemen, Kazakhstan.

Zan Hub has a strong focus on project financing in the renewables, oil and gas sector. The firm advises major project companies and investors on acquisitions and infrastructure concessions. Madiyar Bekturganov and Aituar Madin advised Balkhash Thermal Power Plant Construction on new regulatory changes on investment, energy supply and transportation of fuel to construct a $4 billion coal-fired power plant financed by foreign capital.

Sayat Zholshy & Partners has vast experience in advising distressed companies on bankruptcy and advising liquidators on issues arising out of insolvency. Vitaliy Vodolazkin advised Retail Management, the major creditor, on the bankruptcy of Supermarket Chain 7’YA, recovery of debt from the guarantors and associated
litigation.

Assel Ilyassova and Baizhan Bekzhanov at Grata advised CNLC International Kazakhstan on a tax dispute over tax audit results and associated tax penalty. The team successfully cancelled the corporate income tax and penalty. The team also advised Sinopec Engineering Group on a dispute with the Kazakh customs authorities on appeal of customs audit results. Illyasova and Marina Kahiani advised Palma Finance on tax support of transfer aircraft to the Kazakh air company under a leasing agreement.