Kazakhstan: Litigation In Central Asia And The Caucasus And MWP's Dispute Resolution Practice

Last Updated: 14 September 2016
Article by MWP Dispute Resolution Team
Most Popular Article in Kazakhstan, September 2016

Uncertain times

The Kazakh economy retains a positive long-term outlook, with vast energy and mineral wealth that will remain in global demand in the decades to come, and a history of strategic investment by the state that is beginning to bear fruit in diversifying Kazakhstan's economy away from reliance solely on primary resources. That said, while demand remains healthy in the energy and mining sectors, since 2014 there has been a significant drop in prices and, correspondingly, in earnings, which is inevitably having an effect on the level of commercial and consumer demand in the economy as a whole. Added to this has been the equally inevitable devaluation of the Kazakh tenge since it was floated against world currencies in August 2015. Although the floatation has had the hoped-for positive impact on exports, GDP is forecast to be only 0.5% in 2016, well down from the 4.1% of 2014, and 6% of 2013. This has added to the sense of uncertainty in the business community and increased the frequency of breaches in commercial contracts and reluctance to enter into them in the first place.

The region's legal markets today

In times of economic uncertainly, full-service law firms will typically shift the focus of their resources away from financing and transactional work towards litigation, debt recovery, restructuring and insolvency. This partly reflects a reaction to the greater volumes of such work coming through their doors, but also the strategic decisions taken at management level to go out and get more of it. Apart from this somewhat knee-jerk survival reaction, however, legal actors in Kazakhstan and Azerbaijan have also been able to take advantage of their countries' positions as leading members of the CIS, not affected by any of the sanctions currently imposed against Russian and Ukrainian individuals and entities by Western states.      

MWP's region-leading expertise

Michael Wilson & Partners, Ltd. (MWP) was established in Almaty in 1998, building on the experience of its director, Michael E. Wilson, an English and Australian-qualified solicitor who rose to be a leading partner at Baker & McKenzie, having established B&M's Major Project Practice Group globally and all of B&M's offices in the Central Asia and Caucasus Region. In 2003 MWP established an additional office in Baku, from which it has been able to focus on work generated in Azerbaijan, but also other projects in the Caucasus and Ukraine. With over 30 fee-earners, MWP is able to offer a personalised service across a broad range of services and sectors, including: banking, finance, tax, corporate and commercial, disputes, employment, foreign investment, intellectual property, mergers and acquisitions, real estate, mining and subsoil use, energy and infrastructure projects, and telecoms. MWP's existing and past clients include AXA, Bentley International Oil, BP, Bloomberg, Berkshire Hathaway, Bank of America Merrill Lynch, Citigroup, Credit Suisse, Dell Computers, Deutsche Bank, ENI, Falck Group, Goldman Sachs, Eurasian Bank, HSBC Holdings,  JSC NC Kasmunaigas, MasterCard Europe, Motorola, Marsh & McLennan, Nokia, Rio Tinto, Tele2 and the Governments of Kazakhstan and Kyrgyzstan. In addition to its legal services, MWP provides many companies with strategic and tactical consultancy services.

MWP's Dispute Resolution Practice

MWP's Dispute Resolution Practice has expanded in recent years to encompass a diverse range of curial and arbitral work around the globe. Expertise is offered in the areas of traditional commercial litigation, international and regional arbitration under the ICC, UNCITRAL, LCIA, AAA, ICE, ICSID and ad hoc rules, international and regional mediation, and IP anti-counterfeiting and enforcement. MWP's expertise extends to associated areas of asset-tracing and asset recovery. Its disputes practice draws on years of experience in the leading common law jurisdictions of the world, including the UK, the US, Australia, New Zealand and Canada, as well as offshore in the BVI and Bahamas. The disputes team includes English, Russian, Kazakh and Kyrgyz-qualified lawyers with rights of audience in several jurisdictions, many of whom hold master degrees from leading Western universities. MWP also has substantial experience litigating in the Kazakh courts, including hearings in the Supreme Court of the Republic of Kazakhstan, and is able to advise both regional and international clients on using these forums. 

Disputes work leaving the region

MWP believes that the Central Asian and Caucasus legal markets are ripe for the expansion of its disputes practice. This reflects not only the strained economic times, but also the fact that such a high volume of work arising in the region continues to go 'offshore' to be managed by teams in London, New York, Moscow and elsewhere. Sending work offshore in this way has a number of disadvantages for businesses operating and involved in disputes in the region. First, there are the prosaic problems of preparing for litigation or alternative forms of dispute resolution at distance, which, given the time-zone differences, even with the aid of modern communications means the problems associated with document assessment and transmission, conferencing and negotiation and other procedural meetings will be significant and costly. More importantly, the work often also ends up being directed by partners and teams with no particular regional expertise or feel for the subtleties of business relations in the region, including an appreciation of the need for face-to-face contact with business and government. While the ultimate venue for the resolution of many disputes will remain London, New York, Washington, Paris, Singapore, Stockholm, Geneva, Dubai and similar leading legal centres, there are multiple advantages to be gained from the advice and preparation relating to hearings – which in commercial disputes constitutes by far the largest portion of the costs - being done in situ.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.