Proven Practice
Real examples of how we resolve complex legal matters and protect our clients’ interests.
Recovery under an international supply contract
The matter
A foreign buyer paid an advance to a Kazakh supplier, but the goods were not delivered on time. The arbitration clause sent disputes to a foreign arbitration at the claimant’s seat — meaning proceedings abroad followed by enforcing a foreign award in Kazakhstan.
Our approach
First, the parties signed a supplementary agreement that recorded the breach, set an extra deadline, moved arbitration to Kazakhstan and fixed in advance the tenge amount of the refund. The foreign creditor then assigned the claim — together with penalties and costs — to a Kazakh company, so the dispute was heard in arbitration in Kazakhstan between two residents, with no need to apostille documents.
Lawyer: Roman Bryukhov
The respondent acknowledged the principal debt, the contractual penalties, the arbitration fee and the legal costs. Arbitration in Kazakhstan approved a settlement agreement, secured by a guarantor’s joint and several liability and a conditional assignment of a claim against a third party.
Outcome
Debt acknowledged
Case details
The challenge
The client needed to protect its interests under an international contract for the supply of goods. The buyer was a foreign company and the seller a Kazakh company.
The buyer paid an advance, but the goods were not delivered on time.
The cross-border nature of the relationship made things harder: the original creditor was a foreign legal entity, and the arbitration clause provided for disputes to be heard abroad “at the claimant’s seat”. Enforcement would have meant representing the company in foreign arbitration and then enforcing a foreign award in Kazakhstan.
Strategy
The first stage focused on pre-trial settlement and on changing the contractual structure.
The parties signed a supplementary agreement that recorded the history of non-performance, set an additional deadline and introduced a new arbitration clause providing for disputes to be heard by arbitration in Kazakhstan.
In case the goods were not delivered and the claim was assigned to a Kazakh resident, the parties fixed in advance the amount of the refund obligation in tenge.
The next stage was preparing for recovery through an assignment of the claim. The foreign creditor assigned its rights to a Kazakh company. The assignment covered not only the principal debt but also contractual penalties, legal costs and other recovery-related claims.
As a result, the creditor in the dispute became a Kazakh legal entity: recovery could proceed in Kazakhstan between two residents, with no need to apostille documents confirming the claimant company’s status.
Arbitration
Once the obligations went unperformed, arbitration proceedings were brought in Kazakhstan, with a position built around recovering the principal debt, contractual penalties and costs.
The respondent disputed the debt in its response, but instead of continuing the dispute the parties reached a settlement.
The outcome
Arbitration in Kazakhstan approved the settlement agreement and issued an award on the agreed terms. The respondent acknowledged a debt comprising the principal amount, contractual penalties, the arbitration fee and legal costs.
The settlement also provided two mechanisms securing the refund of the advance: a guarantor’s joint and several liability and a conditional assignment of a claim against a third party.
What it meant for the client
A coherent legal structure was put in place: international contract → recording the breach and the payment obligation, changing the dispute resolution forum → assignment of the claim to a Kazakh legal entity → arbitration in Kazakhstan → settlement agreement → acknowledgement of the debt → a secured enforcement mechanism.
The case shows that in cross-border disputes effective recovery depends not only on preparing the claim but on structuring the claim itself and the creditor’s procedural position correctly before proceedings even begin.
Brand protection and damages recovered
The matter
The client discovered a chain of shops using its registered trademark. The infringers refused to rebrand voluntarily, arguing they had used the name for a long time.
Our approach
We issued proceedings, building the case on the priority of state registration, and established the client’s exclusive right to the brand.
The court ordered the defendants to destroy the counterfeit goods, stop using the brand and pay damages.
Recovered
KZT 2m
Deportation overturned, family kept together
The matter
A Tajik national faced deportation from Kazakhstan for overstaying, having remained to care for his pregnant wife. The court of first instance disregarded the family circumstances.
Our approach
We appealed and took the case to the Supreme Court, focusing on the humanitarian position, the family in Kazakhstan and procedural failings in the lower courts.
The Supreme Court set the deportation aside and substituted a fine. The client stayed in the country with his family.
Instance
Supreme Court
Asset registration for a Swiss holding company
The matter
A Swiss company needed to open a subsidiary in Kazakhstan without its founders being present in person.
Our approach
We prepared and legalised the documents and completed registration under power of attorney, dealing with the authorities entirely on the client’s behalf.
The client received a fully formed company with a complete set of corporate documents, without ever travelling to Kazakhstan.
Client involvement
0%
Collective employment dispute (pro bono)
The matter
An employer avoided formally engaging 13 staff and then dismissed them unlawfully without payment.
Our approach
Acting pro bono, we assembled the evidence of a de facto employment relationship and represented the group of workers.
The employment relationship was established. All 13 staff recovered their unpaid wages and compensation.
Represented
13 people
Business protected against misappropriation
The matter
An employee with financial responsibility misappropriated a substantial amount of the sole trader’s property, causing loss to the business.
Our approach
We secured the opening of criminal proceedings under article 189 of the Criminal Code and built a firm evidential case during the pre-trial investigation.
The individual voluntarily made good 100% of the loss during the investigation. The client’s reputation was preserved.
Recovered
100% of loss
Lost profits recovered (supply contract)
The matter
A supplier missed its deadlines. The client incurred direct losses on hired transport and lost profit under a contract with a third party.
Our approach
We calculated the lost profit and established the causal link between the failed delivery and the client’s losses.
The claim succeeded in full: direct losses, the advance payment and lost profits were all recovered.
Outcome
Recovered in full
M&A: acquisition of a licensed company
The matter
A Turkish investor planned to buy a Kazakh company holding a current licence. The asset needed due diligence and the investor needed a business visa.
Our approach
We carried out financial and legal due diligence, obtained a C5 visa for the investor and handled the notarised sale of the participation interest.
The deal closed successfully and the change of ownership was registered with the authorities.
Route
Türkiye — Kazakhstan