About any instance (fi rst instance, appeal, cassation, the - - PDF document

eff ective way we will use all remedies

any instance (fi rst instance, appeal, cassation, the

• Legal opinions on specifi

c issues Inkai fi eld

Company was founded in 2005, practicing the law of the Republic of Kazakhstan. Company has a niche specialization and provides law services in construction and real estate management, deals support, legal Due diligence, legal memo development, litigation in courts and

• arbitration. We also provide corporate legal services and investment

projects legal support. We believe it is necessary to know our client’s business from inside, to understand client’s goals and to provide expected and measurable result. We have experience working in Kazakhstan with Top 100 International Contractors, JLL, World Bank Group, Thomson Reuters, General Electric, Samruk-Kazyna National Holding and

• thers.

About

Our fi rm professional responsibility is covered by insurance policy. Company is listed by the Best Lawyers 2017 in Real Estate practice, the Legal 500 EMEA for real estate and construction (2016, 2017, 2018); Chambers & Partners Asia-Pacifi c and Chambers Global in Corporate and Finance (2017, 2018, 2019); and by AsiaLaw Profi les for real estate and construction (2015-2019) recommends us as a leading law fi rm in Real Estate and Construction in Kazakhstan. We hold seminars on EPC and FIDIC contracts in Kazakhstan and CIS countries, on contractual relationships, construction issues, litigation, arbitration and others.

ARTYUSHENKO & PARTNERS IS THE ONLY REAL-ESTATE AND CONSTRUCTION BOUTIQUE LAW FIRM IN KAZAKHSTAN.

Off ice in Almaty: Koktem Square Building, off ice 3, 1 fl

• or, 15А, Koktem 1 microdistrict,

Almaty, 050040, Republic of Kazakhstan Contacts: +7 (727) 357-30-56, +7 (727) 357-30-46 Web: a-p.legal Email: info@a-p.legal

+7 727 356 30 56, ext.201 +7 701 785 87 40 aa@a-p.legal

Managing Partner

He has experience as a professional lawyer for over 20 years in construction (EPC, FIDIC), arbitration, deals, due diligence, contract law, corporate law. Recognized Practitioner by Chambers and Partners Asia-Pacifi c Guide 2016, 2017, 2018, 2019 in Corporate & Finance, identifi ed as a market leading lawyer in Kazakhstan by Asialaw profi les each year from 2016 in Construction and Real Estate, rated by Legal 500 EMEA 2016, 2017, 2018 in Real estate and construction. Andrey Artyushenko graduated from the Kazakh State Law Academy with specialization in Law in 2001, successfully completed several accredited FIDIC education courses, including “FIDIC: CIS implementation practice” (Moscow automobile and road construction state technical university. He is an arbitrator in Arbitration center of the National Chamber of entrepreneurs Atameken. Books author, Legal guide “The process of construction in Kazakhstan: brief overview”, (The Lawyer); Books coauthor, International Construction Contract Law 2nd edition (2018г, by Lukas Klee, Wiley Blackwell).

Andrey Artyushenko

Projects:

• EXPO 2017
• Almaty Botanic Garden
• Esentai Park
• Ritz-Carlton
• Alaygyr (uranium mining)
• Abu Dhabi Plaza
• Marine Port Aktau
• Western Europe Western China road
• Talan Towers
• Balkhash Power
• Atyrau Refi

nary

• n diff

erent searching diff erent ways to resolve questions Obtained the fi rst category licenses Legal support of the acquisition of an off ice land plots and diff erent real-estate property on

The Artyushenko & Partners law fi rm

• Advising on issues of licensing (identifi

cation qualifi cation requirements, etc.)

• Legal opinions on specifi

c issue.

management companies are ofu en an

shopping centers, off ice buildings and mixed-use

• Benefi

cial ownership fi eld of property management (renting of off ice

• Legal opinions on specifi

c issues. fi rm’s clients; agreements specifi ed networks, adaptation of

The Partner

Partner in the Artyushenko & Partners law fi rm since 2011. She is a judge in a honorable retirement. She has working experience as a lawyer of over 37 years. The length of service includes service in judicial bodies (1982-1986), court (1986-2007), and the law fi rm (2007-2011). When working as a judge, she specialized in civil cases: commercial disputes on major investment projects with the participation

• f foreign investors in the banking sector, energy industries,

machinery building sector, and non-ferrous metals industry in issues concerning the application of antitrust law, law on land, customs, tax, environmental laws, and laws on bankruptcy and privatization. Clients representation in the Republic of Kazakhstan Supreme Court re cases connected with construction issues, taxation, state procurement, property rights and other. She is a certifi ed arbitrator of the Kazakhstan International Arbitration, the International Court of Arbitration, Arbitration center of the National Chamber of entrepreneurs Atameken, the International Commercial Arbitration Court (ICAC) of the Eurasian Mediation Center.

Projects:

• Plant to produce lubricants with capacity of 100 thousand tons per

year in Almaty

• Inkai (uranium mining)
• KazMorTransFlot off

ice building in Aktau

• Western Europe Western China road
• Atyrau Refi

nary

• EXPO 2017
• Hilton Uralsk
• Almaty Financial District
• Sary Arka trade centre in Astana

Gulnar Ospanova

+7 727 356 30 56

• g@a-p.legal

Real estate construction

(EPC and EPCM contracts) We provide the following legal support in construction: The construction market has always been quite active in Kazakhstan. Having experience since 2006 with construction companies from the World TOP 100, we have accumulated considerable knowledge and experience. Our lawyers and partners issued a book Legal guide “The process of construction in Kazakhstan: brief overview” in Russian and English languages, fi rms partner become as a coauthor, International Construction Contract Law 2nd edition (2018г, by Lukas Klee, Wiley Blackwell), our articles are published via IBA journals, Chartered Institution of Civil Engineering Surveyors journal.

• Legal support in negotiations, the Russian and

English languages;

• Development legal support at the project design

stage, aimed to fi nd optimal solutions and achieve the ultimate goals;

• Legal support for the construction, renovation

and repairs of residential, commercial and industrial real estate;

• Selecting the appropriate contract form

(procurements and subcontracting), including EPC, EPCM (construction, engineering, construction management), risk assessment (consulting, legal support) in the construction and design of industrial facilities, power plants, and infrastructure projects, and the building of complex and individual structures;

• Legal expertise of contracts for construction,

design, procurement and subcontracting;

• Structuring and legal support of transactions on

the purchase and sale of real estate (fi nished, unfi nished one) both as individual objects and in complex;

• Due diligence;
• Advice on administration of contracts;
• Legal support of claim procedures, pre-trial

settlement of disputes;

• Litigation in the Republic of Kazakhstan courts

and in arbitration, also outside Kazakhstan;

• Legal opinions on specifi

c issues.

Relevant experience:

• Advising the General Electric on the project
• f construction of wind power plants in

Kazakhstan (with capacity of 50 Megawatts), under EPC contract;

• Preparation of a comprehensive list of

approvals, permits and other documentation required for commissioning and operation of the Makinskaya poultry farm. The complex consists of a broiler plant, an incubator, a poultry processing plant with a capacity of up to 60 000 tons of meat products per year, a manure composting site and administrative buildings;

• The Leroy Merlin chain of stores legal advising
• n permits for the construction of new retail

parks in Kazakhstan (land, communications, networks, infrastructure, etc).

• Legal expertise of the contract for the

construction of part of the project Balkhash Power Plant, prepared on the basis of various FIDIC books (including EPC) representing the Siemens company;

• Several legal memoranda’s development for

Institute for Engineering and Information Technologies in Almaty (KazMunaiGaz structure) regarding project in Special economic zone Alatau Innovations Technology Park;

• Legal support in construction of Gloryway

greenhouse for rose cultivation in Almaty region;

• Legal support in the construction of the Almaty

Financial District (bank buildings) and Esentai Park, worth of more than USD 1 billion;

• Legal support in the unique project of

construction of co-working off ice in Almaty (Estate Management Company) with total area more than 10 000 square meters (joint venture, rent, networking and separation of founder’s partnership relationships of risk-related project);

• For one of the system making communications

provider in Kazakhstan, we have developed a detailed Legal Memorandum on construction of non-permanent structures like antenna’s and mast’s;

• We have developed a practical decision for

the immediate construction initiation of the Alaygyr project in the center of Kazakhstan – factory of ore mining and processing;

• Construction of a gas pipeline for the industrial

complex in the Republic of Kazakhstan for one

• f the largest manufacturing companies with

headquarter in USA;

• Legal support in wind power station

construction (in west Kazakhstan) for Japan green fi eld construction fi rm. Artyushenko & Partners law fi rm lawyers were the fi rst in Kazakhstan, who completed the full provide the fi nancing for the construction projects The goal of Artyushenko & Partners law fi rm is adaptation to fi t the legislation and a specifi c

• Joint work with qualifi

ed international barristers) for diff erent issues resolving;

to fi nance some

English languages, fi rms partner become Contract Law 2nd edition (2018г, by Lukas

stage, aimed to fi nd optimal solutions and the purchase and sale of real estate (fi nished, unfi nished one) both as individual objects and in

• Legal opinions on specifi

c issues. construction of co-working off ice in Almaty green fi eld construction fi rm

Construction contracts FIDIC

Legal services:

Artyushenko & Partners law fi rm lawyers were the fi rst in Kazakhstan, who completed the full course in Russian Federation of enhanced training in practicing and application of FIDIC forms in CIS

• countries. Most international development banks

provide the fi nancing for the construction projects

• nly if these FIDIC standard forms are applied.

The goal of Artyushenko & Partners law fi rm is to ensure the smooth progress of a construction project of any complexity, and its timely implementation without any unforeseen legal issues. Having accumulated a certain amount of experience, we are open for sharing such experience, making seminars in the Kazakhstan and CIS countries, publish various thematic

• materials. For example, Andrey Artyushenko is a

co-author of the second edition of International Construction Contract Law (Lukas Lee, Wiley Blackwell), where he explains the features of the use of FIDIC books in our country.

• FIDIC book selection for various construction

projects: infrastructure, commercial facilities, industrial, energy, linear structures (gas pipelines, heating pipelines and etc);

• FIDIC Red Book (including MDB), Yellow

Book, Orange Book, Silver Book, White Book adaptation to fi t the legislation and a specifi c project;

• Legal expertise of the signed construction

and design contracts on the basis of the FIDIC forms, including the EPC (turkey) construction;

• Consulting re issues connected to FIDIC

contracts application;

• Educational seminars (in Russian or English

languages) on construction and application of FIDIC terms in CIS countries;

• Preparation of claims, additional agreements

and other legal documentation for projects implemented based on FIDIC contracts;

• Local litigation;
• International and local arbitration.
• Joint work with qualifi

ed international experts (construction engineers, solicitors and barristers) for diff erent issues resolving;

• Dispute adjudication boards, participation as a

member of the DAB or as a consultant.

Relevant experience:

• Legal support of one of the set contracts

based on Red Book FIDIC for the International transit corridor Western Europe – Western China, worth more than $ 70 million USD for Italian company;

• Advising one of the big four companies on

construction in Kazakhstan – turnkey, EPC and FIDIC (obtaining licenses, choosing the right contracting structure, forms adaptation and etc);

• Participation in the consortium together with

WSP engineering company on the project Toll roads in Kazakhstan for the European Bank for Reconstruction and Development (FIDIC Gold Book);

• Abu Dhabi Plaza Astana project. FIDIC

related issues consultation for suppliers and contractors: pre-trial and claims under construction contracts for arbitration case, equipment and materials supply;

• Advising the state holding Samruk-Kazyna

Real-Estate on the application of FIDIC forms in the Republic of Kazakhstan in the construction of residential property within the framework of state programs;

• Legal expertise of the contract for the

construction of part of the project “Balkhash Power Plant”, prepared on the basis of various FIDIC books representing the Siemens;

• We have provided comments to the potential

contractor from India on sea port Aktau reconstruction under FIDIC Yellow Book (contract expertise and adaptation, etc.);

• FIDIC based contracts consulting for the

state owned company. The Client is intend to fi nance some infrastructure projects in Kazakhstan based on state program (housing for Kazakhstan citizens) with implementing FIDIC approach;

• Almaty Financial District construction legal
• support. FIDIC Red Book were applied by

Turkish construction companies;

• Making the round tables discussions in

Kazakhstan, trainings and seminars on the application of the FIDIC in Kazakhstan, Dispute adjudication board and other related issues.

Property management

Our company provides the following law services in real estate (property) management: Complexity of local laws and the roman- german approach to law system, in general, especially for foreign asset management companies are ofu en an

• bstacle to the successful application of

international practices and case studies. The problem is not only that there are just a small number of cases implemented in practice, but also that the frequently changing rules of law require constant monitoring and adjustment of particular schemes.

• Choosing the form, and the structuring of

transactions and ways to manage the facility/ project (work with the developers, managers of shopping centers, off ice buildings and mixed-use facilities)

• Legal support of developers and property owners
• Renting of commercial property
• Benefi

cial ownership

• Development of contracts and agreements in the

fi eld of property management (renting of off ice premises of Class A and B, shopping centers and areas in them; the solving of issues related to peculiarities of management)

• Updating the existing contracts (recommended at

least once a year)

• Due diligence
• Legal support of claim procedures, pre-trial

settlement of disputes;

• Litigation under FIDIC in courts in Kazakhstan and

in arbitration outside Kazakhstan;

• Legal opinions on specifi

c issues.

Relevant experience:

• Due diligence on the acquisition of the

international airport in the Republic of Kazakhstan (the study of judicial prospects, risk assessment, and recommendations on the project implementation);

• Preparation and comprehensive legal support

in addressing the management of the complex

• f residential buildings (with the cost over

200 million USD) in the city of Almaty for the management company;

• Shared property structuring and registering

(condominium in Kazakhstan) for a residential complex Esentai Park, later changes in the structure, registration of changes, explanation of management options for the Bank of the owner

• f these assets;
• Shahnaz business center in Astana Due

Diligence (Marden – new name), as a property complex with all lease agreements, in order to enter the investment transaction with one of the fi rm’s clients;

• Jones Lang LaSalle legal support, engaged

in the management of Talan Towers in Astana, checking the current contracts for the maintenance of various equipment, supply of equipment, repair work in the building, etc. All this in compliance with the corporate standards

• f the client;
• Study of the issue and advising the developer
• f the residential complex on the merger of

two land plots into one local condominium structure (shared property approach), registration and management of such property under certain conditions (prohibition of construction on the second site);

• Participation in legal support for local

developers in respect of hotel chains as Marriott International (Marriott and Ritz Carlton brands), Hilton Hotels, Starwood Hotels & Resorts in the market of the Republic

• f Kazakhstan. Work with a package of

agreements specifi ed networks, adaptation of license agreements to Kazakhstan, structuring relationships with property owners and etc

Partner in the Artyushenko & Partners law fi rm since 2011. She is a lawyer of over 37 years. The length of service includes service in judicial bodies (1982-1986), court (1986-2007), and the law fi rm She is a certifi ed arbitrator of the Kazakhstan International

• KazMorTransFlot off

ice building in Aktau

• Atyrau Refi

nary +7 727 356 30 56

+7 727 356 30 56, ext.201 Partners Asia-Pacifi c Guide 2016, 2017, 2018, 2019 in Corporate & Finance, identifi ed as a market leading lawyer in Kazakhstan by Asialaw profi les each year from 2016 in Construction and Real International Construction Contract Law 2nd edition (2018г, by

• Atyrau Refi

nary

Relevant experience:

• Dealing with issues of economic concentration
• f the development company (Antimonopoly

regulation);

• Representation interests of the Mospromstroy

holding and Safmar group in Kazakhstan (corporate issues, renting relationships, disputes in courts);

• Consulting the audit consulting big four

companies on the subject of entry into Kazakhstan’s market the construction companies from China and Austria;

• Legal support of design group from Portugal, the

Saraiva+Associados in Kazakhstan on diff erent issues (project documentation development, contractual relationships, corporate issues, debts collection, managing negotiations with complicated client);

• Resolving the case for one of the electronics

manufacturing company from Korea, which has production factory in Kazakhstan – searching diff erent ways to resolve questions related to disputable real estate (land matters, architectural and town-planning matters);

• Obtained the fi

rst category licenses to perform design and construction works, execution of

• research. The client was one of the world leaders

in the sphere of construction of energy projects and power plants;

• At the request of the Chairman, the management

Board of one of the largest holdings of real estate

• wners in Kazakhstan checking its authority on

a number of previously concluded transactions, the probability of prosecution, options for solving current issues;

• Legal support of the acquisition of an off

ice building in the center of Almaty (with cost more than $ 100 million USD) by a foreign investment

• Fund. We represented the local owner of the
• developer. The transaction was structured

through the sale of a share of a non-resident company holding a legal entity as the owner of a building in Kazakhstan;

• Cadastral legal due diligence in respect of the

land plots and diff erent real-estate property on them set as a part of the construction materials producer plant (Zhambyl region). The client is the leading construction materials supplier in the world.

Corporate law

We provide legal assistance in: The Artyushenko & Partners law fi rm provides legal support to foreign construction and development companies that are interested in developing their business in the Republic of Kazakhstan.

• Corporate reorganization and restructuring
• Development and planning of corporate

structures

• Advice on investment and divestment
• Competitive regulation, market concentration
• Licensing of construction & assembling works and

design (in all categories and subtypes) and survey activities

• Advising on issues of licensing (identifi

cation

• f the category, and the compliance with the

qualifi cation requirements, etc.)

• Due diligence
• Legal support of claim procedures;
• Pre-trial settlement of disputes
• Litigation in courts in Kazakhstan and arbitration
• utside of Kazakhstan;
• Legal opinions on specifi

c issue.

Litigation and arbitration

Our services in litigation are: Importantly, the sooner our company is involved in the legal proceeding, the more eff ective way we will use all remedies available in Kazakhstan’s laws in favor of

• ur client. Timely initiation of the legal

proceeding will be your advantage only if you do it with the help of the consultant specializing on relevant issues. We have been working in the market of legal support for real estate and corporate matters from 2005.

• Legal support in dispute resolution relating to the

construction and/or management of real estate (property);

• Legal support in settlement of corporate disputes;
• Pre-trial settlement of disputes
• Claim procedures
• Representation of interests in the state courts of

any instance (fi rst instance, appeal, cassation, the Supreme Court of the Republic of Kazakhstan)

• Challenging government actions;
• Representing interests in arbitration in

Kazakhstan and outside of Kazakhstan

• Representation in arbitration proceedings;
• Provision of our experts as arbitrators in

arbitrations (Kazakhstan International Arbitration (KIA), the International Commercial Arbitration Court of the Eurasian Center for Mediation (ICAC), and others);

• Due diligence;
• Legal opinions on specifi

c issues

• Searching/hiring the foreign English Law

consultants for the litigation and arbitration

• utside of Kazakhstan

Relevant experience:

• Participation in an oil and gas dispute related

to the construction of facilities in Kazakhstan by a foreign contractor. The amount of the dispute is more than $250 million ASD. Arbitration at Stockholm Chambers of Commerce, the rules of UNCITRAL;

• Providing an expert legal opinion on a corporate

dispute in arbitration in Stockholm in favor of Kazakhstani citizen. The issue was related to the shareholders ‘ agreement in respect of the based in Kazakhstan legal entity. The amount of the dispute $20 million USD;

• Providing expert legal opinion on the

construction contract (FIDIC) in arbitration in London (LCIA). The case was related to the acceptance of the results of the work, quality and

• ther issues based on the Kazakh legislation;
• Advising Arabtec Consolidated Contractors on

an EPC contracts (FIDIC) project in Kazakhstan worth more than us $1 billion USD, as part of a possible arbitration in Abu Dhabi (the amount of the dispute is about us $ 200 million USD);

• Representing the Impresa spa construction

company engaged in road construction, in the proceeding against the contractor who precluded the enforcement of the bank guarantee for the total amount of over $2.5 million;

• Representing the Client in court in the

proceeding against JSC International Airport Astana in all Republic of Kazakhstan court instances including the Supreme Court, under the contract on the basis of public procurement;

• Claim settlement and litigation against the

contractor Enka Insaat (Turkey). The claim amounts were about $30 million;

• Providing expert commentary while settlement
• f dispute in construction of pilot uranium

production by leaching procedure on the part of Inkai fi eld;

• General contractor (large Kazakhstani holding

company) debts collection under the contracts in favor of subcontracting construction companies in Kazakhstan;

• Representation interests of contractor from

Kazakhstan in local arbitration. Against the structure of Lukoil group re the dispute amount

• f several million USD claim and contract

termination;

• Representing clients in Supreme Court of the

Republic of Kazakhstan on the issues related to construction (FIDIC as well), property rights, debts collection, public procurement, etc.;

• Marine claim in favor of Russian company as

part of debts collection. The subject ship was in Caspian Aktau Sea port;

• Representation in court in Kazakhstan interests
• f famous trademark’s owner on the issue of

unlawful using trademark and other attributes

• f foreign trademark (duly registered) as a

result of the franchise agreement termination. Obtaining preliminary prohibition of using trademark before judgement.

Our fi rm professional responsibility is covered by insurance policy. Chambers & Partners Asia-Pacifi c and Chambers Global in Corporate and Finance (2017, 2018, 2019); and by AsiaLaw Profi les for real estate and construction (2015-2019) recommends us as a leading law fi rm in Off ice in Almaty: Koktem Square Building, off ice 3, 1 fl

• or, 15А, Koktem 1 microdistrict,

Contacts: +7 (727) 357-30-56, +7 (727) 357-30-46