Dispute Resolution

  • Particularly recognized for its strength in litigation and arbitration by Chambers and Partners
  • “Excellent” and “highly professional” and “very good value for money” according to The Legal 500 EMEA
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Dispute Resolution

  • The Best Litigation Team by the Annual Forum of Corporate Lawyers four years in a row.
  • “Sayat Zholshy & Partners is a key name for corporate and banking disputes”, according to The Legal 500 EMEA.


The litigation team of Sayat Zholshy & Partners has over 20 years unique experience in conducting all aspects of litigation covering courts of all jurisdictions and leading arbitration institutions throughout Kazakhstan.

We perceive each lawsuit as a work of art.  On a case-by-case basis, we offer comprehensive solutions tailored to the Client’s needs and specifics, suggest dispute resolution strategy and try to anticipate counteragents’ behaviour.

Over the last few years Sayat Zholshy & Partners has been invariably recommended as a leader in Kazakhstan litigation practice by such global legal guides as Chambers Global, Chambers Asia Pacific and asialaw Profiles.

In recent years Managing Partner Vitaliy Vodolazkin, the leader of SZP dispute resolution practice, has been annually recommended by Chambers, The Legal 500 and asialaw Profiles as a leading Kazakhstan lawyer.

The global guides recommended Vitaliy Vodolazkin as an acknowledged Kazakhstan specialist in resolution of disputes, including arbitration.

SZP team won the title of the Best Litigation Team at the annual Kazakhstan Forum of Corporate Lawyers each year when such nomination was contested.

Many of SZP partners act as permanent arbitrators in the Kazakhstan International Arbitration Court.

We give particular emphasis to so-called investment and investment-related disputes which, since 2016, have been referred to the Nur-Sultan City Court and Supreme Court of the Republic of Kazakhstan.  As a matter of fact, currently this category covers all disputes between foreign investors and Kazakhstan government authorities, including disputes with tax and customs authorities over additional tax and other obligatory payments to the budget assessments.

We attach great importance to the enforcement of court judgments and arbitration awards.  At that stage, which is seen by us as a milestone of the civil procedure, we focus our efforts on liaison with private enforcement agents ensuring prompt and complete enforcement of judgements/awards for the sake of rights and legitimate interests reinstatement.



Types of disputes in resolving which Sayat Zholshy & Partners has extensive experience:

  • Disputes over debt collection
  • Disputes between banks and borrowers, including those which relate to granted guarantees and pledges
  • Construction and real estate disputes
  • Investment and investment-related disputes (under the jurisdiction of the Nur-Sultan City Court and Supreme Court of the Republic of Kazakhstan)
  • Antitrust disputes
  • Tax disputes
  • Customs disputes
  • Environmental disputes
  • Disputes with government authorities
  • Corporate disputes (representing minority/majority shareholders and JSC itself, challenging decisions of management bodies and JSC’s transactions, collecting information about JSC operations, etc.)
  • Subsoil use disputes
  • Intellectual property disputes
  • Rehabilitation and bankruptcy disputes (representation of either creditors or debtors)
  • Invalidation of transactions, contracts, agreements, guarantees, etc.
  • Challenging actions of enforcement agents

  • Appealing arbitration awards

Services

  • Representation of Clients in connection with annulment or enforcement of Kazakhstan arbitration awards in the Republic of Kazakhstan
  • Representation of Clients in connection with recognition and enforcement of foreign arbitration awards in Kazakhstan
  • Issuance of legal opinions on Kazakhstan arbitration regulations for foreign clientele
  • Issuance of legal opinions on recognition and enforcement of foreign arbitration awards in Kazakhstan
  • Legal advice and assistance in connection with enforcement proceedings (property attachment/foreclosure, coordination of enforcement efforts, etc.)
  • Representation of Clients in Kazakhstan courts of all jurisdictions and arbitration courts in connection with enforcement proceedings
  • Drafting and revising procedural instruments (claims, complaints, applications, revocations, objections, agreements and other procedural instruments)
  • Legal assistance with the implementation of adequate enforcement procedures ensuring subsequent proper enforcement of a judgment
  • Evidence gathering
  • Generation and development of an action plan for litigation support
  • Representation of Clients in extrajudicial settlement negotiations (if applicable)
  • Preparation of documents for extrajudicial resolution of disputes (if applicable)
  • Legal analysis of disputable matters and issuance of legal opinions on Clients’ requests

Experience

  • Settlement of accounts receivable (about 350 debtors) by an agro-industrial holding for a total amount of 15 million US dollars, including reconciliation of accounts receivable, case analysis and elaboration of individual approach to each account receivable and each debtor seeking tailored solutions.  As a result, the Client reached agreements with a number of debtors on voluntary repayment of debts, or postponement of repayments, or assignment of debts.  With respect to other debtors we issued legal opinions on how to write off bad debts and arranged for relevant documentation.  Most accounts receivable were recovered through Kazakhstan courts.
  • Recovery of a troubled 7 mln USD loan in favour of a major Kazakhstan bank.  The project implied legal analysis of the existing relations and drafting of procedure documentation.  The troubled loan granted by the Kazakhstan bank to a major agricultural holding was recovered by judicial means.  The first instance judgment was upheld by higher jurisdiction courts.
  • Judicial recovery of 2 mln USD damages inflicted by the refusal of a foreign trust to invest in the authorized capital of a Kazakhstan bank.  In the course of judicial proceedings the parties reached a settlement agreement on voluntary compensation of damages.
  • Successful defence of a major oil producer operating in Mangistau Oblast, Kazakhstan, in a lawsuit connected with illegal assessment of taxes and other obligatory payments to the budget for over 65 million US dollars.  The first instance judgment for satisfaction of the plaintiff’s claims was upheld by higher jurisdiction courts.
  • Judicial annulment of antitrust authority’s orders for antimonopoly corrective actions and remittance of monopoly income to the budget (over 23 mln US dollars).  The first instance judgment for satisfaction of the plaintiff’s claims was upheld by higher jurisdiction courts.
  • Successful representation of a major mobile operator in Kazakhstan courts in connection with their appeal against antitrust authority’s orders.
  • Successful representation of a shareholder of a major Kazakhstan food holding seeking the reinstatement of their direct interest in the holding by challenging unlawful actions of the holding’s management.  The first instance judgment was upheld by higher jurisdiction courts.
  • Successful representation of a major Kazakhstan holding in connection with the invalidation of over 17 mln US dollar warranty liability.  The first instance judgment was upheld by higher jurisdiction courts.
  • Successful representation of a major US international telecommunications company in connection with bankruptcy of a major Kazakhstan manufacturer.
  • Comprehensive defence representation of a minority shareholder in their dispute with a majority shareholder and joint stock company.  The dispute involved a major confectionery manufacturer.
  • Active legal support in connection with judicial settlement of a dispute between a major investment company and a leading Kazakhstan bank (the disputed amount exceeded 14 mln US dollars).  This dispute entailed dozens of lawsuits some of which involved guarantors and pledgors.
  • Representation of a leading international food producer in connection with a number of lawsuits over the use of trademarks in Kazakhstan.

Awards

“Sayat Zholshy & Partners represents clients in a wide range of disputes, including corporate and antitrust disputes, banking and finance litigation, and contentious construction and real estate cases, as well as major bankruptcy disputes. Practice leader Vitaliy Vodolazkin is a highly regarded litigator and frequently represents major international companies in significant cases”.
“Sayat Zholshy & Partners is a key name for corporate and banking disputes”

According to Chambers Global Managing Partner Vitaliy Vodolazkin heads up the firm's litigation practice and commands widespread respect in this field.  

He is recognised as an expert on civil procedure.


According to Asia Law Profiles Managing partner Vitaliy Vodolazkin recognised as renowned litigator who also practises corporate law and capital markets.
  • "Litigation Team of the Year 2009, 2010, 2011, 2012" in the framework of the Forum of Corporate Lawyers

  • "Arbitration Team of the Year 2010, 2012" in the framework of the Forum of Corporate Lawyers