CONSTRUCTION

DISPUTES IN

KAZAKHSTAN

Our team of dispute resolution experts offers to our

clients services in the following areas:

Pre‐trial dispute settlement;

Representation in courts (civil and administrative

litigation, proceedings involving state authorities);

Representation in international and domestic

arbitrations;

Legal support in enforcement proceedings;

Enforcement of judgments and arbitral awards;

Seeking interim relief to secure the claim within

foreign arbitrations;

Legal due diligence of construction projects, including

internal investigations;

Legal advising on structuring of transactions and

investments from a dispute resolution perspective

(choice of law, jurisdiction, investment protection

under the international law);

Legal support in the course of audits by state

authorities.

For about 23 years GRATA Law Firm represents

international and local construction companies before

courts and arbitrations of Kazakhstan and other CIS

countries contributing to the effective settlement of most

complex commercial disputes in the area of construction.

Applying to GRATA you will get cooperation with one of

the largest and most experienced teams in construction

disputes resolution. We represent construction and

infrastructure companies, developers, banks and other

financial institutions, equipment suppliers, service and

management companies in all types of commercial

litigations at any stage of a construction project.

Our key advantage is in‐depth knowledge of the industry,

which allows us not to waste time for learning business

specifics in the area of construction, but to offer practical

solutions proven by many successful proceedings of

similar kind. We thereby not only contribute to the

settlement of disputes in the clients' favour, but also assist

to our clients in managing their expenditures and

obtaining quality services at a reasonable price.

Our high level performance and acknowledgement by

the clients is supported by high ratings issued by the

sound international resources such as the Legal 500,

Chambers and Partners, Who's Who Legal and many

others. Our dispute resolution practice has been

recognised as top ranked in Kazakhstan in 2014 by

Chambers Global. GRATA was recognised as the

Construction Law Firm of the Year in Kazakhstan in

2011, the Energy Law Firm of the Year in Kazakhstan in

2013 by Acquisition International M&A Awards, and as

the Highly Recommended Law Firm by AsiaLaw Profiles

in 2014 in the area of Construction and Real Estate and

Energy and Natural Resources.

Construction disputes in Kazakhstan

Representing OGCC KazStroyService JSC, the

Kazakhstani largest infrastructure construction

company, in several connected proceedings with a

subcontractor in relation to the subcontractor's claim

for the reimbursement for additional works for over 5

bln tenge, counterclaims from the general contractor

for the refund of advance payment and levy of

execution upon the bank guarantee for advance

payment refund, and rehabilitation issues, as well as

appeal against interim relief and actions of bailiffs;

Representing ENKA Insaat ve Sanayi A.S, one of the

world's largest construction companies, in a dispute

with a Kazakhstani customer in relation to

construction of the largest office, commercial, and

residential facility in Almaty, Kazakhstan. This project

included several simultaneous proceedings in various

instances on reconsideration of judicial acts upon

discovery of new facts, invalidation of work

acceptance acts, and recovery of debt, etc.;

Representing OGCC KazStroyService JSC, the

Kazakhstani largest infrastructure construction

company, in several related proceedings with the

general contractor for recovery of reimbursement for

additional works for over 600 mln tenge, and in

judicial proceedings on counterclaims brought by the

general contractor for the recovery of debt;

Representing the general designer in the proceedings

with a customer in relation to the project design

development for several large railroad facilities. The

project included several simultaneous proceedings in

various instances on reconsideration of judicial acts

upon discovery of new facts, validation of work

acceptance acts, and recovery of debt, etc.;

Representing the general contractor in the proceedings

with a customer on recovery of the debt of over 1 bln

tenge and seeking respective work cost increase in

connection with the devaluation of the national

currency ‐ tenge;

Representing and advising the largest supplier of

telecommunications equipment in pre‐trial

negotiations with a customer in relation to the

increased cost of construction of a cellular

telecommunications network triggered by the

devaluation of the national currency ‐ tenge;

Representing a large infrastructure construction

company in the proceeding with a customer in

relation to the recovery of reimbursement for

additional works for over 5 bln tenge, caused in

connection with the construction of Kazakhstan's

largest industrial oil and gas facility;

Advising a large infrastructure construction company

in the proceedings with a customer in relation to the

recovery of reimbursement for additional works taken

place in the course of the construction of Kazakhstan's

largest petrochemical facility;

Representing one of the largest European project

designers in the dispute with a Kazakhstani customer

on the recovery of design work cost in connection

with the construction of a trade center in Almaty,

Kazakhstan.

YERZHAN YESSIMKHANOV

Partner Director of Constructions and Infrastructure department

Теl: +7 (727) 2445‐777Mob: +7 (701) 764‐88‐61ci@gratanet.comyyessimkhanov@gratanet.com

BAKHYT TUKULOV

PartnerDirector of Dispute Resolution department

Теl.: +7 (727) 2445‐777Mob.: +7 (701) 929‐04‐93litigation@gratanet.com btukulov@gratanet.com

KEY CONTACTS

OUR RECENT EXPERIENCE

Construction disputes in Kazakhstan

Kazakhstan

Аksay

Акtau

Акtobe

Аlmaty

Аstana

Аtyrau

Ekibastuz

Karaganda

Кostanay

Kyzylorda

Pavlodar

Shymkent

Taraz

Тemirtau

Uralsk

Ust‐Kamenogorsk