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The firm has versatile experience and continuous history of successful client representation before international arbitral bodies and local and foreign state courts on a widest range of issues. The firm’s lawyers have actively participated in the original development of the laws on arbitral tribunals and international commercial arbitration.
Mrs. Violetta M. Kim, the firm’s senior litigation advisor, is a former state arbitrator of the Supreme Arbitration Court of the Republic of Kazakhstan (1991-1995) and a former judge of the Supreme Court of the Republic of Kazakhstan (1995-2004); she was several times awarded by the RK Government and Supreme Court for blameless work and a great contribution to the improvement of the Kazakhstan courts’ activities.
The lawyers of the firm are members of arbitral tribunals and courts of arbitration under the Chambers of Commerce and Industry of Kazakhstan and Kyrgyzstan, IAC (International Arbitration Court of the Republic of Kazakhstan), International Court of Arbitration of IUS Legal Center, KIA (Kazakhstan International Arbitrage), and International Commercial Arbitration Court of Eurasian Mediation Center.
Aequitas lawyers advise and participate as local law experts practically in all areas of law application and represent clients before all judicial instances, including local and foreign arbitration and state courts.
Our most representative experience in this area includes:
International arbitration and foreign courts:
- representation of Kazakhstan's largest construction corporation BAZIS-A in The Hague arbitration court on a dispute against an English law firm regarding invalidation of arbitration clause and termination of office lease agreement;
- - participation in arbitration on the side of Zalvand Trading, Iran gas trading company, before the Arbitration Commission (which had the status of international arbitration) of the Union of the Chambers of Industry and Commerce of the Republic of Kazakhstan on a case of debt collection from a local company;
- expert advice and participation on the side of the Republic of Kazakhstan in the Biderman vs. Republic of Kazakhstan case before the Arbitration Court of the Stockholm Chamber of Commerce in connection with investment dispute;
- advice and participation as Kazakhstan law experts in a case before a court of general jurisdiction of the State of California (USA) upon a claim by a group of individuals against a large US automobile company.
Kazakhstan courts:
- participation in litigations on the side of Kazakhstan's largest coal mining company, Bogatyr Access Komir LLP vs. Antimonopoly Agency on a claim for invalidation and cancellation of an ordinance on elimination of antimonopoly legislation violations;
- participation in litigations on the side of Johnson&Johnson Medical Ltd. upon claim for invalidation of arbitration clause and collection of approximately USD 300,000 debt for goods from a local company;
- representation of Siemens company before the first instance court regarding establishment of the legal fact of legal entity activities termination;
- representation of English corporation, SCJ EurAFNE Ltd., and Ukrainian company, SC Johnson LLC, before the first instance court upon a claim for collection of a USD 2 mln debt from a local company;
- participation in litigations on the side of a major international insurance company and a Russian company on disputes with tax authorities;
- representation of a major local company, Kagazyinvest LLP, upon Prosecutor's claims for invalidation of the change of land plots designation;
- representation of a large oil company, PetroKazakhstan Oil Products, before the Supreme Court on a case regarding invalidation of JSC corporate resolutions and shares buyout transaction;
- participation in litigations on the side of ShalkiyaZinc LLP against a state agency upon claim for invalidation of the termination of contract for exploration and mining of complex ores, and advice to the same company to protect its interests in litigation regarding collection of more than USD 3 mln waste disposal environmental damages;
- representation in court of a major oil company, PetroKazakhstan Kumkol Resources upon Prosecutor's claim for collection in favor of the state of USD 5 mln damages caused as a result of gas flaring;
- advice to protect the interests of Tengizchevroil LLP before the Supreme Court in a case for collection of KZT 74 bln (more than USD 600 mln) damages for environmental legislation violations;
- successful representation in first instance courts of a major international insurance company and its client, a foreign oil company, in a dispute regarding compensation for harm to an employee’s health and moral damage;
- successful representation of Tengizchevroil LLP before the Supreme Court in a case on KZT 11 bln environmental damages claim;
- successful representation of Kazakhstan's largest oil refinery, ShymkentNefteOrgSintez JSC (currently, PetroKazakhstan Oil Products LLP) before the Supreme Court in connection with a tax dispute against the Financial Police Agency of the Republic of Kazakhstan;
- successful representation of Hurricane Hydrocarbons Ltd. (PetroKazakhstan Inc.) in connection with recovery of debts from, and compensation of damages by an offshore company; - successful representation of large French companies and an Israeli company on a number of disputes in connection with recovery of debts from Kazakhstan companies for supplied agricultural fertilizers. |