Natural Resources. Manufacturing Industry and Energy

"Sayat Zholshy & Partners make a real difference by their excellent knowledge, experience and skills in the field of Energy and Natural Resources. They have a deep understanding of the sector specifics, the ins and the outs, and the most compelling issues. We are greatly satisfied with Sayat Zholshy & Partners."- Legal 500 EMEA.


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Natural Resources. Manufacturing Industry and Energy

Natural Resources

Our team has a long-term experience in subsurface-related area of law and a deep knowledge of economic and technical facets of this sector.

Our services are procured by oil & gas and allied enterprises, including, exploration, production, processing, transportation and other service companies who support oil & gas businesses in the country.  Our natural resources lawyers always try to find optimal and unconventional solutions for the most challenging problems.  Our expertise spans a broad range of services, including, but not limited to, advice on how to obtain and/or transfer a subsoil use right and relevant licenses and permits, comprehensive legal support throughout the entire process of natural recourses management, representation and defence in courts and government authorities, etc.


Manufacturing Industry and Energy

We have over 20 years of accumulated knowledge and experience in the legal and regulatory framework of the energy sector.  Our team has represented a considerable number of international power and mining companies in Kazakhstan and provided services in other domains of natural resources management, such as the development of uranium fields.  We render legal advice on numerous issues arising in connection with the acquisition of land and mineral rights, licensing, privatisation, insolvency, foreign trade, as well as commercial & business standards and practices.


Services

Experience

  • Comprehensive transaction support in connection with the acquisition of promising oil deposits in the Aktobe and Atyrau Oblasts, including the drafting of a foreign investment agreement and its extensive discussion, both inside and outside Kazakhstan, for a number of months
  • Comprehensive legal support in connection with the acquisition of a fuel retail network (including 80 retail facilities throughout Kazakhstan) by a foreign investor
  • In a project implying the acquisition of control over a large Kazakhstan field, elaborating a strategy for protection of (i) an investor against potential actions on the part of the Seller and (ii) the Client’s investments against any claims of the government, including, but not limited to, the collection and analysis of information about the prevailing practice in the treatment of investors’ claims against the Republic of Kazakhstan from the perspective of international treaties/conventions
  • Representing a major foreign-invested oil and gas producer in connection with the appeal against a tax notice received from Kazakhstan tax authorities in relation to a production sharing agreement
  • Representing the largest Kazakhstan petroleum product distributor in connection with the appeal against actions of antitrust authorities
  • Representing a major oil and gas service company in arbitration proceedings initiated by a counteragent who claimed damages, and working on a counterclaim for enforcement of contractual obligations
  • Successful defence of a major oil producer operating in the Mangistau Oblast, Republic of Kazakhstan, in a lawsuit arguing unlawful assessment of extra taxes and other obligatory payments to the budget totalling to 65 mln US dollars by Kazakhstan tax authorities
  • Successful defence of a major foreign-invested oil producer in the Atyrau Oblast, Republic of Kazakhstan, in a lawsuit arguing unlawful assessment of extra taxes and other obligatory payments to the budget totalling to 8 mln US dollars by Kazakhstan tax authorities
  • Representing and defending a leading undertaking on the Kazakhstan fuel market in a lawsuit arguing allegations of dominance abuse and unlawful assessment of monopoly gains in the amount of approximately 70 mln US dollars
  • Challenging (in the court of first instance) the findings of an antitrust investigation conducted by the Kazakhstan Antitrust Authority who accused the Client of dominance abuse on the fuel retail market (the Client was dominating on the fuel retail market in most of Kazakhstan regions)
  • Arranging for the issuance, maintenance and renewal of permits for employment of over 90 foreign employees of an East European oil and gas service company providing drilling, overhaul, engineering, maintenance, operation and inspection services to oil and gas field operators in Kazakhstan
  • Representing an oil producer in connection with the litigation over severance package which resulted in the complete denial of the severance pay to the Client’s former employees
  • Issuing a legal opinion on the matters arising from the IPO of a Kazakhstan oil company on the London Stock Exchange
  • Rendering legal assistance with the drafting of a crude oil pledge and security agreement covering the floating charge over stock, on the one side, and  the charge of a future asset, on the other side
  • Conducting a comprehensive legal due diligence of a Kazakhstan oil and gas producer at the request of a shareholder thereof; Analysing a prospectus of share issue from the perspective of Kazakhstan law; and Issuing a legal opinion on the IPO process
  • Arranging for the issuance, maintenance and renewal of permits for employment of over 40 foreign employees of a UK-based international oil and gas service company providing well development and testing services in a number of Kazakhstan regions
  • Challenging a tax notice received by a major oil and gas service company from Kazakhstan tax authorities in connection with unlawful tax assessments
  • Arranging for the registration of a trademark of a major Kazakhstan LNG carrier
  • Issuing a legal opinion and commentary on corporate matters arising out of a joint venture between the Client and a Kazakhstan competent authority
  • Arranging for the simultaneous issuance of two licenses and considerable quotes for two affiliated oil and gas service companies whose operations involve the use of hydrochloric acid
  • Arranging for the issuance and maintenance of numerous licenses for well drilling, testing, overhaul and related services provided by an oil and gas service company
  • Getting a license from the Kazakhstan National Bank for capital movement-related transactions performed by a global energy leader
  • Obtaining a prior consent of the Antitrust Authority to the sale and purchase of an interest in a Kazakhstan company engaged in the operation and maintenance of gas turbines and compressor plants
  • Legal support through the process of dissolution of a number of major companies in the power sector
  • Issuing a legal opinion on the acquisition of power assets in a CIS country
  • Representing a major power company in the court of first instance in connection with the appeal against the claims of the Antitrust Authority who accused the Client of anticompetitive agreements and dominance abuse; Due to our successful defence strategy, the Antitrust Authority’s actions and penalties were declared illegal
  • Conducting a comprehensive legal due diligence of the Ekibastuz GRES-2 assets, the largest power plant in Kazakhstan generating about 12% of the total electricity output in the country, at the request of a foreign investor, a member of the joint venture operating the Ekibastuz GRES-2
  • Providing comprehensive legal support to the Nur-Sultan city energy complex generating and distributing heat and electricity
  • Conducting a comprehensive legal due diligence and supporting the Client through the process of selling and buying the assets of an energy complex operating in the Pavlodar Oblast, Republic of Kazakhstan
  • Providing comprehensive legal support to the entire Ekibastuz energy complex generating and distributing heat and electricity
  • Setting up, structuring and selling a power facility in the Karaganda Oblast, Republic of Kazakhstan, in favour of an Israeli investor
  • Providing comprehensive legal support to the entire Zhambyl Oblast energy complex generating and distributing heat and electricity
  • Providing comprehensive legal support to a major foreign Fortune 200 power company operating in Kazakhstan and
  • Providing comprehensive legal support to the entire Atyrau Oblast energy complex generating and distributing heat and electricity

Awards