Download as pdf or txt
Download as pdf or txt
You are on page 1of 17

The British-Kazakh

Law Association

English Law Day Forum in Almaty

Wednesday 24 May 2017, 10:30 - 17:30


(registration from 09:30 – reception from 17:30)
Conference Programme

09:30 - 10:30 Registration and refreshments

10:30 - 11:00 Welcome remarks and introductions

 Dana Inkarbekova, Country Managing Partner, PWC Kazakhstan


 Joe Egan, Vice-President, the Law Society of England and Wales
 Aigoul Kenjebayeva, Chair of the Board of the Kazakhstan Bar Association;
Managing Partner of Dentons Europe's Almaty and Astana offices

11:00 - 12:00 Latest news from England and Wales - panel discussion

 Demystifying the myths around Brexit


 Implications for the use of English Law
 Implications for capital markets and Kazakh companies in Europe
 Latest Developments – The Great Repeal Bill and its effect on EU regulations

 The Use of Artificial Intelligence in the Provision of Legal Services

 Development of Sophisticated Pricing Models – What Clients now expect

Moderator: Rashid Gaissin, Partner, Head of Eurasian Legal Practice,


PricewaterhouseCoopers Tax & Advisory LLP, Kazakhstan

Panel members:
 Joe Egan, Vice-President, The Law Society of England and Wales, London
 Ben Wells, Solicitor, Shepperd and Wedderburn LLP, London
 Islam Gulomov , Director of the Cognitive Programme, Centil, Central Asia
 Artem Doudko, Counsel, White and Case, London

12:00 - 12:30 Tea and coffee break

12:30 - 13:30 Transactional Update - current market trends in M&A transactions - case study

 International M&A transactions under English Law - latest trends


 Latest policy changes in Kazakhstan and implications for cross-border transactions
 Kazakhstan Privatisation and impact on cross-border M&A
 Financing M&A
 Shareholders' agreements - status and scope under Kazakhstan law

Moderator: Graham Conlon, Managing Partner (Ukraine), CMS Cameron McKenna


Nabarro Olswang LLP, & CEE/CIS Co-Head of Private Equity

Panel members:
 Gaukhar Kudaibergenova, Senior Associate, Signum Law Firm, Kazakhstan
 Nodir Sidikov, Partner, Fieldfisher, London
 Shaimerden Chikanayev, Partner, Grata International, Kazakhstan
 Victor Mokrousov, Partner, Dechert LLP, Kazakhstan
13:30 - 14:30 Lunch

14:30 - 15:30 Disputes update – current market trends in international litigation and arbitration

 International commercial arbitration – latest novelties from arbitral institutions aimed


at making arbitration faster
 Investment arbitration on the rise
 Recent developments in interim remedies practice
 Third party funding of arbitration disputes: Realisation and constraints - a lawyer's
perspective

Moderator: Benjamin Paine, Partner, Paine Stevens, Georgia

Panel members:
 Sarah Vasani, Partner, Addleshaw Goddard, London
 Rupert D’Cruz, Barrister, Littleton Chambers, London
 Andrew Wanambwa, Partner, Lewis Silkin, London
 Bakhyt Tukulov, Partner, Grata International, Kazakhstan

15:30 - 16:00 Tea and coffee break

16:00 - 17:30 Lawyers sans frontiers - panel discussion

 Panel discussion in two parts (transactions and disputes) focusing on best practices
and pitfalls to avoid in working across borders on international matters with lawyers
from other jurisdictions.

Moderator: Artem Doudko, Counsel, White and Case, London

Panel members:
 Anna Nerush, Partner, Addleshaw Goddard, London
 Gani Nassimoldin, Senior Counsel, EBRD, London
 Yury Babichev, Head of International Arbitration, Goltsblat BLP LLP, Moscow
 Zhanar Abdullayeva, Partner, Unicaselaw, Kazakhstan

17:30 - 17:35 Closing remarks

 Joe Egan, Vice-President, the Law Society of England and Wales

17:35 - 19:30 Networking reception

Venue Sponsor
Introduction
The Law Society of England and Wales
The Law Society is the professional body that represents over 180,000 solicitors in England
and Wales.

The Law Society exists to represent, promote and support solicitors, so they in turn can help
their clients. We promote England and Wales as the jurisdiction of choice and the vital role
legal services play in our economy. We also fulfil an important public interest function, which
aims to ensure access to justice, protect human rights and freedoms and uphold the rule of
law.

The Society was founded in 1825 and was granted its Royal Charter in 1845. You can see a
replica of the charter in our front lobby. You can also find further information on our history
here: http://www.lawsociety.org.uk/news/stories/a-short-history-of-the-law-society-published/

The Law Society's International Department

The Law Society's International Department works on behalf of its members to reduce
barriers facing solicitors of England and Wales working in overseas markets, and establishes
and maintains links with international counterparts. With offices in London and Brussels, the
International Department provides practical support, training, information and advice to law
firms and legal professionals working abroad or exploring international opportunities. It also
raises awareness of the legal sector’s contribution to the global marketplace and promotes
the expertise of its members across all regions, sectors and practice areas.

We know that working across borders is not easy and so we aim to make things simpler. We
support firms and legal practitioners in navigating the legal landscape to develop links and
thrive in the global marketplace. For example over the last few years, we have spent time
building relationships and networks between our members and Kazakhstan legal
practitioners.
Biographies

Zhanar Abdullayeva
Partner
Unicaselaw, Kazakhstan

Unicase law firm’s partner, Zhanar Abdullayeva benefits from more than
12 years of diverse experience advising major Kazakh companies,
international investors and state-owned enterprises on the full range of specific regulations
and legal requirements in oil and gas/mining and energy sectors.

She has extensive experience advising on M&A cross-border transactions, addressing local
regulatory matters, advising on foreign investment, financial matters and general corporate
and commercial issues in Kazakhstan.

Prior to joining Unicase, Zhanar worked for the leading international law firms in the UK and
Kazakhstan. She is a graduate of the Kazakh Humanitarian Law University (Bachelor
degree), University of Nottingham (LLB) and London School of Economics and Political
Science (LLM) and is a member of Kazakhstan Petroleum Lawyers’ Association and
Kazakhstan Bar Association.

Yury Babichev
Head of Group Litigation and International Arbitration
Goltsblat BLP, Russia

Yury Babichev focuses on international arbitrations and cross-


border litigation. He is experienced in commercial and investment arbitrations, fraud and
conspiracy claims, derivative litigations, shareholder dispute, contentious M&A transaction
and internal investigations. Yury advised clients on litigations in various jurisdictions including
England, BVI, Bermuda, Cyprus, France and the Netherland, and arbitral proceedings seat in
major arbitration centres such as London, Paris, Stockholm and the Hague. His clients
included Russian and foreign companies, individuals and the Russian Federation.

Before joining Goldsblat BLP, Yury worked at Cleary Gottlieb Steen & Hamilton for ten years.
He received an LL.M degree from Columbia Law School with Harlan Fiske Stone distinction.

Yury is qualified to practice in the Russian federation. He is also admitted to the Bar in the
State of New York.
Shaimerden Chikanayev
Partner and Director of Banking and Finance department
GRATA Law Firm, Kazkahstan

Shaimerden Chikanayev is a partner in GRATA Banking & Finance


Group and head of the firm’s Mongolia practice and he shares his time
between Almaty and Ulaanbaatar.

He has over 10 years of experience in Kazakhstani legal services market


as well as extensive experience in matters dealing with former Soviet Union and Mongolia.
Prior to joining GRATA, he worked as an Associate in the Almaty office of Dewey & Leboeuf
and in-house counsel in London office of the European Bank for Reconstruction and
Development.

Shaimerden received his LL.M. from the Duke University School of Law (USA), his bachelor
degree in law from the Eurasian National University Faculty of Law (Kazakhstan) and
completed non-degree course of studies for foreign diplomats in the China Foreign Affairs
University (PRC).

He is admitted to practice in Kazakhstan from 2003 and passed exams of the Ministry of
Justice of Kazakhstan to be a notary (2003) and an advocate (2004). Shaimerden focuses
his practice on a wide range of finance and M&A transactions, including foreign investment,
project finance, capital markets, infrastructure transactions, and workouts and restructurings
in many industries.

Graham Conlon

Managing Partner (Ukraine) & CEE/CIS Co-Head of Private Equity


CMS Cameron McKenna Nabarro Olswang LLP, Ukraine

Graham Conlon is the Managing Partner of CMS Cameron McKenna


Nabarro Olswang Ukraine.

An English-qualified M&A lawyer who trained with Linklaters, Graham advises on high profile
M&A transactions throughout CEE/CIS.

Recent high profile transactions include acting on Cargill’s USD 100 million joint venture to
build a grain terminal on Ukraine’s Black Sea Coast (probably the highest profile M&A deal in
Ukraine in 2016), the sale of Ciklum to George Soros, and Advent International on the sale of
ISIDA and Partner in Pet Food. Graham holds a Masters in Finance from London Business
School, and a law degree from King’s College London.
Rupert D’Cruz
Barrister
Littleton Chambers, London

Rupert D’Cruz is a barrister at Littleton Chambers where he specialises in


commercial litigation and international arbitration.

His main areas of practice are corporate and shareholder disputes;


banking and finance; fraud and asset tracing (including emergency
injunctive relief); sale of goods and international trade; private international law and general
commercial contractual disputes. Rupert has been recognised in Chambers, Chambers
Global and Legal 500 as a leader in his field.

Rupert is a Russian speaker and is Secretary of the British-Russian Law Association and the
English Bar Council’s representative for Russia. A significant part of his practice involves
Russian and CIS-related disputes for which he is specifically recommended in the legal
directories. Rupert also sits as an arbitrator for the LCIA in CIS related disputes.

Artem Doudko

Counsel
White and Case, London

Artem Doudko FCIArb is an English solicitor-advocate. He is


Counsel in the London Arbitration Practice of White and
Case LLP. Artem specialises in international arbitration with
a focus on advising Russian-speaking clients.

Artem works for a broad spectrum of international clients, both high-net worth individuals,
multinational corporate entities, sovereign states and state-owned entities.

Advising on a wide range of jurisdictional and conflict of law issues. Artem has experience of
investment as well as commercial arbitrations conducted in accordance with the rules of
LCIA, ICC, AAA, SCC, and ad hoc arbitrations.

Artem also has significant experience of litigation in the English courts, in particular in matters
related to arbitration.
Joe Egan
Vice-President
The Law Society of England and Wales, London

Admitted in 1982, Joe Egan set up his own firm in 1986 specialising in
criminal law. Joe became the first solicitor in Bolton to achieve the right
to appear in the Crown courts when he was granted higher rights in
1995. Based in Bolton, his firm has expanded to include matrimonial,
personal injury, civil litigation and property work.

As an advocate, he has appeared in civil trials and matrimonial final hearings. Recently, he
has developed a practice in contested probate.

For over 15 years Joe has been joint honorary secretary of Bolton Law Society of which he is
also a past president. Since 2006 he has represented solicitors in Lancashire and Greater
Manchester on the Law Society's Council.

Rashid Gaissin
Partner, Head of Eurasian Legal Practice,
PricewaterhouseCoopers Tax & Advisory LLP, Kazakhstan

Rashid is a Partner and Head of the Legal Practice of PwC,


Kazakhstan. Rashid’s role is to develop PwC’s legal practices in
Kazakhstan and the wider Eurasia region. Rashid is a qualified Kazakh
and English lawyer.

He was the managing partner of GRATA Law Firm, largest Central


Asian law firm, for 9 years. Rashid has work experience in the London
office of Norton Rose Fulbright, one of the leading international law firm, in Trade House
“KazMunaiGaz”, the largest operator of petroleum, oil and lubricants market in Kazakhstan, in
KazStroyService, oil & gas construction company, in KazTransOil, operator of oil trunk
pipeline.

His practice is focused on transnational corporations, industrial and financial institutions, he


regularly provides services to large high profile international and Kazakhstan clients as well.
Islam Gulomov
Director of the Cognitive Programme
Centil, Central Asia

Islam joined Centil`s Tashkent office in 2014 when he still was a student.
In his legal practice, he is mostly involved in corporate issues,
consultation on governmental regulatory issues and taxes, but also having
a significant experience in dispute resolution matters.

Islam`s dissertation work on the assessment of potential impact of artificial intelligence on


copyright law was recognized as one of the most sophisticated works amongst previous
projects of other students.

Therefore, he is now actively involved in the development of firm`s new products, such as
development of several software applications integrated with artificial intelligence and was
appointed as the Director of our firm`s Cognitive Program Department.

Islam is the graduate of the Westminster International University in Tashkent and is fluent in
Uzbek, Russian and English.

Dana Inkarbekova
Country Managing Partner
PricewaterhouseCoopers Tax & Advisory LLP, Kazakhstan

Dana is the Country Managing Partner of PwC Kazakhstan. Dana has


more than 20 years of professional experience in audit of financial
statements and other accounting services as well as invaluable
experience working with the large mining and energy groups in
Kazakhstan, including IFRS audits, public offerings in Kazakhstan and
International Stock Markets.

Dana works with the country’s largest State Utility group Samruk-Energy and its
subsidiaries Bogatyr Komir, Ekibastuz EGRES-1, and other large oil and gas, mining and
utilities
consortiums and companies in Kazakhstan.

The list of Dana’s customers with complex consolidated structure with equity and debt
securities being traded on international capital markets, includes the companies like ERG
(former ENRC), Exillon Energy, Kcell and Samruk-Energy.
Aigoul Kenjebayeva
Chairman of the Kazakhstan Bar Association
Managing partner of Dentons' Almaty and Astana offices,
Kazakhstan

Aigoul Kenjebayeva is the managing partner in Dentons' Almaty and


Astana offices. Her particular areas of specialisation have been
acquired from over 35 years as a practising lawyer and include
corporate law, arbitration and litigation, energy and natural resources,
infrastructure projects, and competition law. She is widely considered to be a top choice for
dispute resolution and also works on matters in Kyrgyzstan and Uzbekistan.

Aigoul concentrates on international arbitration, both commercial and investor-state, and acts
as counsel and arbitrator. She has been actively involved in a number of complex multibillion-
dollar international arbitration matters at both the arbitration and enforcement stages,
particularly in connection with disputes relating to investments in Kazakhstan. Aigoul has
acted as counsel in arbitrations conducted under various arbitration rules, including those of
the ICC, SCC, LCIA, and UNCITRAL. She has authored dispute resolution chapters on
Kazakhstan in reputed international guides, including The International Arbitration Review.

Gaukhar Kudaibergenova
Senior Associate
Signum Law Firm, Kazakhstan

Gaukhar has more than six years of work experience. She has been
advising and assisting oil and gas companies, including applying for all
required regulatory approvals and documents.

Gaukhar has completed a number of M&A deals and was part of the
team for preparation and implementation of the biggest IPO in the history of KASE: from
structuring the M&A transaction to the 100% share sale of public E&P company (Deal size:
USD 515 million).
Victor Mokrousov
Partner
Dechert LLP, Kazakhstan

Victor Mokrousov focuses his practice on M&A, finance, and regulatory


matters.

Mr. Mokrousov’s experience includes acting for major and independent oil and gas
companies on upstream and transportation projects, acting for sellers and buyers in cross-
border M&A transactions, acting for multilateral lenders, commercial banks and private equity
funds on debt and equity financings, and advising Kazakhstan-based issuers on international
capital markets offerings.

Mr. Mokrousov has been recognized as a recommended lawyer in Kazakhstan by Chambers


Global since 2004, noted for his work in the corporate & finance and energy and natural
resources categories.

Gani Nassimoldin
Senior Counsel
European Bank for Reconstruction and Development, London

Gani Nassimoldin is a Kazakh national, who joined EBRD in 2004 and


spent his first two years with EBRD in the Office of General Counsel's
(legal department of EBRD) banking operations team. In 2006 - 2007,
Gani worked as a senior associate of the corporate recovery and
litigation team of OGC. Starting from October 2007 Gani was promoted
to OGC Counsel position and returned to banking operations team and focuses on projects in
CIS.

Gani is a graduate of the Higher Law School Adilet (cum laude) (2000); International
Relations Faculty of Kazakh State University of World Languages (summa cum laude) (1997)
in Almaty, Kazakhstan. Gani also has LL.M (master in law) in Corporate Governance and
Practice from Stanford Law School. Mr. Nassimoldin is fluent in Kazakh, Russian and
English. Prior to joining the Bank Gani was a paralegal/trainee (1997-2000) and then
associate (2000-2004) at the Almaty and Huston offices of US-based law firm LeBoeuf,
Lamb, Greene & MacRae LLP.
Anna Nerush
Partner
Addleshaw Goddard, London

Anna is a solicitor admitted to the practice of law in England


and Wales and is a partner with international law firm
Addleshaw Goddard.

Anna represents clients in a broad range of international corporate finance projects in mining
and oil and gas sectors in civil and common law jurisdictions.

Over the past decade, Anna has advised foreign and domestic investors on numerous
onshore and offshore hydrocarbon, mining and infrastructure development projects in
Kazakhstan. Anna is a member of the Association of International Petroleum Negotiators
(AIPN) and is a contributing author to numerous industry publications, including Euromoney,
"Invest in Kazakhstan 2015 Guide" produced on behalf of the Government of Kazakhstan,
the Lawyer and EurOil.

Benjamin Paine
Partner
Paine Stevens, Georgia

Benjamin Paine qualified as an English solicitor in 1995 and


advised on finance and corporate matters in the City of London
until 2000.

Having worked with international law firms in Turkey, Azerbaijan and Kazakhstan, he moved
to Georgia in 2012 to establish Paine Stevens which advises on English and Georgian law
matters.

Benjamin’s practice focuses on cross-border financing, corporate and commercial


transactions in the South Caucasus, Central Asia and Turkey. Benjamin speaks Russian and
Turkish.
Nodir Sidikov
Partner
Fieldfisher, London

Nodir Sidikov is a corporate partner specialising in private and


public M&A, joint ventures and capital markets work. Nodir is an
integral member of the Fieldfisher's CIS Group and has extensive
experience in advising entrepreneurs and businesses from the CIS
region, particularly Kazakhstan, Russia and Ukraine with particular
focus on energy and natural resources sector.

He has advised on a number of significant corporate transactions in energy and natural


resources sector in Kazakhstan and Russia. In addition, he has experience in sports and
banking sectors and advising clients on the resolution of investment and corporate disputes.

Nodir is a member of Association of the International Petroleum Negotiators and a member of


the executive committee of the British-Kazakh Law Association. He frequently speaks at
various conferences and most recently for in-house lawyers' forum in Kazakhstan.

Bakhyt Tukulov
Partner
Grata International, Kazakhstan

Bakhyt Tukulov focuses his practice on litigation (commercial and


administrative, including in aid of domestic and foreign arbitrations),
arbitration in Kazakhstan and abroad, pre-dispute settlement
negotiations, enforcement of foreign arbitral awards and judicial acts,
legal due diligence, legal advice on the structuring of transactions
from dispute resolution perspective (choice of law, forum, investment
treaty protection, jurisdictional matters), legal support in the course of audits of state
authorities.

Prior to joining Grata, Bakhyt has worked for several years at one of the top international law
firms. Bakhyt has represented clients in a wide variety of matters ranging from commercial
disputes to disputes with state authorities. He has also represented clients in international
arbitrations in Kazakhstan and abroad. On part time basis, Bakhyt lectures graduate students
on the theory and practice of International Arbitration and Litigation.

He graduated with highest honors from International Law Department of al-Farabi Kazakh
National University. He also holds a Master of Law degree in International Legal Studies (with
distinction) from Georgetown University Law Center (District of Columbia., United States).
Sarah Z. Vasani
Partner
Addleshaw Goddard, London

Sarah Z. Vasani leads Addleshaw Goddard's Investor State


Arbitration Practice, and is an experienced international
arbitration lawyer specialising in both international commercial
arbitration and investor state disputes.

Sarah represents clients before key arbitral institutions such as ICSID, the LCIA, SCC and
ICC, and in arbitrations conducted under the UNCITRAL Rules, and under foreign investment
laws. She also advises clients on investment (re)structuring, and on strategies, options, and
tactics for minimising the prospects of full-blown disputes. When dispute avoidance is not an
option, Sarah advocates zealously on behalf of her clients, and has been described as a
"strategic, energetic, tenacious and an incredibly capable counsellor and advocate".

Sarah has particular experience in energy, oil and gas, mining, and other large scale project
disputes in Africa, the Middle East, Central Asia, the Indian Subcontinent, and Latin America.

She is a Visiting Professor at the University of Bedfordshire, where she teaches international
investment arbitration. Sarah is qualified in England & Wales, the District of Columbia, and
Texas, and is a Solicitor-Advocate of the Higher Courts of England and Wales.

Prior to joining Addleshaw Goddard in 2016, Sarah spent a decade in the Houston,
Washington D.C., and London offices of King & Spalding LLP.

Andrew Wanambwa
Partner
Lewis Silkin, London

Andrew has a broad-based practice, specialising in disputes


relating to the interpretation or breach of most types of
commercial contract, claims for breach of fiduciary duty,
economic torts, freezing injunctions and asset recovery, banking and financial services, and
professional liability claims.

Andrew acts in complex and high value arbitration and international litigation involving
jurisdictions such as the Russia, China, British Virgin Islands, Cyprus, Zimbabwe and
Pakistan. Andrew has been admitted to practice in Hong Kong and the Eastern Caribbean
Supreme Court (British Virgin Islands).

Andrew previously headed the litigation team of a well-known firm in the British Virgin Islands
(BVI) and his offshore work includes trust and estates litigation, civil fraud, insolvency,
company law, and economic tort claims. In these and other cases Andrew routinely deals
with conflict of laws issues and challenges to jurisdiction.
Ben Wells
Solicitor
Shepherd and Wedderburn LLP, London

Ben is a litigator with previous banking enforcement history having


worked on a Deloitte review of claims handling processes at Lloyds
Banking Group. Previous to that Ben was an adjudicator at the
Financial Ombudsman Service and was responsible for implementing
the review of banking and insurance complaints.

Ben worked for an international law firm in Moscow and is fluent in Russian. In Moscow he
was a member of the client service team and met with clients both in and off site. As the
founder of the Russian Speaking Legal Professionals’ Forum he has excellent connections
with lawyers from Russia and the CIS, including Uzbekistan, Ukraine and Kazakhstan.

Prior to joining Shepherd and Wedderburn Ben has been involved in representing
international clients in high value litigation and arbitration.
Notes

You might also like