Investment Arbitration (Counsel and Expert Work)

Providing expert support to the Republic of Kazakhstan in connection with the legal assessment of investor activities. Our expert opinion has been used in foreign jurisdictions in disputes related to the recognition and enforcement of an investment arbitration award.

Provided comprehensive legal advice to two leading Turkish construction companies in connection with a potential investment arbitration exceeding USD 70 million, arising from a FIDIC-based construction dispute with a Central Asian state. The matter was initially pursued through commercial arbitration in Paris under the ICC Rules and before state courts, requiring a detailed assessment of contractual and treaty-based claims, state responsibility, and the interaction between commercial and investment arbitration mechanisms.

Acted as investor-appointed expert witness in Aktau Petrol Ticaret A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/15/8). The expert evidence addressed complex issues of Kazakh procedural and substantive law, including the enforcement of court judgments, the conduct of bailiffs, and allegations of denial of justice and judicial expropriation. In its final award, the ICSID tribunal accepted the expert’s position on all disputed questions of Kazakh law and ruled in favour of the investor.

Provided ongoing expert advice to an investor in connection with Ruby Roz Agricol LLP v. Republic of Kazakhstan, a UNCITRAL investment arbitration, and related set-aside proceedings before the English courts. The work included interpretation of disputed provisions of Kazakhstan’s 1994 Law “On Foreign Investments”, as well as broader analysis of Kazakh investment and administrative law in the context of state liability and treaty protections.