TKS Disputes

Number of partners: 3

Number of lawyers: 18

Languages: English, Kazakh, Russian

Firm Overview:

TKS Disputes established in 2020 is Kazakhstan’s first law firm fully focused on dispute resolution. The firm is free of conflict of interest. It represents a new breed of boutique law firms comprised of seasoned lawyers experienced working in best domestic and international law firms operating in Kazakhstan. The firm has been established with the objective to offer best available dispute resolution legal talent in the market for a competitive fee. The firm is experienced in commercial and administrative disputes (including tax and customs disputes), insolvency & restructuring, pharmaceuticals, and contentious IP&IT (including data protection and electronic commerce).

Main Areas of Practice:

Commercial Litigation & Arbitration:

■ Representing Kazakhstan’s largest oil and gas drilling services provider in a complex multimillion-dollar construction dispute with a customer over the quality of an oil well

■ Advising one of the world’s largest automakers on various contentious issues

■ Representing one of Russia’s largest banks (a pledgeholder) in a complex land dispute over the withdrawal of pledged land plots by a local state authority

■ Representing international biopharmaceutical companies in disputes with manufacturers of generics over the protection of undisclosed information

Corporate Litigation:

■ Representing foreign hedge funds in corporate disputes with a major Kazakhstani bank regarding violation of shareholder rights (protection of minority shareholders)

■ Representing minority shareholders of a Kazakh JSC in a dispute over the terms of share buyback in light of the execution of a major transaction

■ Representing foreign shareholders in a dispute with a national company which involved challenging the resolutions of corporate bodies

Electronic Commerce & Data Protection:

■ Supporting one of the world’s largest clothing manufacturers in the establishment of a legal framework for e-commerce business and data protection

■ Advising a number of clients on personal data regulations, developing and implementation of personal data protection policies, training clients on personal data regulations

Insolvency & Restructuring:

■ Advising and representing one of Russia’s largest banks and investment institutions on bankruptcy and foreclosure procedures over pledged assets worth approx. USD 180 million

■ Representing clients in over 10 bankruptcy and rehabilitation procedures (rehabilitation procedure - analogue of a formal scheme of arrangement procedure) across many different industries and regions, close cooperation with bankruptcy and rehabilitation managers and relevant stakeholders

IP:

■ Representing one of the largest clothing manufacturers in a dispute with customs authorities over the inclusion of royalty (for the use of an IP) into the customs value of goods

■ Advising on a dispute between joint venture partners over the patentability of an invention and the applicable statutes of limitation

■ Advising a multinational operating in the aerospace industry on the transfer of a set of intellectual property items to commence production of equipment in Kazakhstan

■ Advising a transnational software company on the purchase of a business in Kazakhstan related to creation and sale of software products for the mining industry

IT:

■ Advising an oil and gas company on the transition to electronic document management system

■ Advising a foreign media company on the requirements for the rebroadcasting of foreign TV channels in Kazakhstan, re-registration of foreign TV channels

■ Advising one of the world’s largest telecommunications companies on Internet services, including VoIP services, in Kazakhstan

Labour Disputes:

■ Representing an Astana International Financial Center entity in a labor dispute at the Court of the Astana International Financial Center

Tax & Customs Litigation:

■ Representing an oil producing joint venture in a tax and environmental dispute worth approx. US$ 70 million

■ Representing foreign hedge funds in disputes with a large bank over the taxation of derivative transactions

■ Representing taxpayers in tax disputes over the challenging of transactions worth more than KZT 10 billion