Daniyar Toigonbaev
Asia-Pacific Guide 2024
Band 4 : Dispute Resolution
Band 4
About
Provided by Daniyar Toigonbaev
Practice Areas
Daniyar is a partner and the Head of the Tax, Subsoil Use and Litigation and Dispute Resolution Practices at Dentons Kazakhstan. Daniyar is a recognized leading practitioner in dispute resolution, energy and natural resources and is known for his extensive industry experience and excellence. He is a trusted advisor to leading oil & gas, mining companies and investors.
Daniyar focuses on complex disputes in commercial and corporate sectors, as well as on disputes with tax and other governmental authorities. He has a proven track record of successful dispute resolution in courts and in arbitrations in Kazakhstan and abroad, which is based on his professionalism, deep knowledge and understanding of clients’ businesses, and a thoughtful and innovative approach to each case.
Daniyar’s particular specialization is in investment disputes. Prior to joining Dentons, Daniyar worked as an in-house counsel, including as a general counsel, in large mining companies in Kazakhstan, Russia, and Kyrgyzstan.
Career
• Partner, Dentons, Almaty, Kazakhstan (2020–to date)
• Counsel, Dentons, Almaty, Kazakhstan (2017–2019)
• Senior Associate, Dentons, Almaty, Kazakhstan (2015–2017)
• Head of the International Legal Department, Polyus Gold, Moscow, Russia (2013–2014)
• General Counsel, KazakhAltyn, Astana, Kazakhstan (2009-2013)
• General Counsel, Talas Gold Mining Company, Bishkek, Kyrgyzstan (2004-2009)
• In-house Counsel, KyrgyzAltyn JSC, Bishkek, Kyrgyzstan (2002-2004)
Professional Memberships
• Kazakhstan Bar Association
• Arbitrator of the International Court of Arbitration of the Chamber of Commerce and Industry of the Kyrgyz Republic.
Publications
Daniyar has been a frequent writer to issue Insights on Kazakhstan law.
• Distinguishing between different kinds of disputes involving investors and governmental authorities in the light of the adoption of the APPC,” Zakon.kz, December 2020.
• “Terms for applying to court in case defects are detected in goods, works or services,” Zakon.kz, December 2018
• “Violation of statutory competence as a ground for the invalidity of the transaction”, Zakon.kz, November 2018
• “On the issue of the responsibility of mobile operators and TV and radio broadcasting operators for the content of TV channels retransmitted via the Internet and mobile applications,” Zakon.kz, September, 2018
• “Dispute resolution between subsoil users and a competent authority according to the New RK Subsoil Use Code,” Oil & Gas Kazakhstan, September 2018
• Parallel import: interests of the copyright holder are above all, Zakon.kz.
Languages Spoken
English, Russian, Kyrgyz
Experience
Kazzinc: Representing the client in a dispute against the anti-monopoly authority on a charge of being a party to a cartel agreement. The case is interesting, since it was one of the first cases where the anti-monopoly authority conducted an antitrust investigation in relation to a tender in the field of subsoil use and accused the subsoil users of a cartel conspiracy. Both parties (the anti-monopoly authority and the client) presented detailed and elaborate arguments on the merits of the dispute. However, the tactics developed by the team led by Daniyar turned out to be successful and the court dismissed the anti-monopoly authority’s claim on procedural grounds.
Education
Pennsylvania State University
LLM
2007 - 2009
Kyrgyz-Russian Slavic University
Law Degree
1998 - 2002
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Key Sectors
Provided by Dentons
Energy and Utilities
Resources and Mining