AIFC Court

Defended a subsidiary of TotalEnergies EP Danmark before the AIFC Court against a claim exceeding USD 200 million, arising from the sale of shares in an oil and gas company. The client was successfully removed from the list of defendants.

Acted as an independent expert before the AIFC Court in a USD 5 million claim related to the breach of a Settlement and Release Agreement. A key issue was the application of Article 297 of the Civil Code of Kazakhstan regarding the reduction of contractual penalties. Judge Sir Rupert Jackson (retired judge of the Court of Appeal of England and Wales) agreed with our expert opinion on all disputed matters, and the Court ruled partially in favor of the claimant. Our 40-page report became the basis for the interpretation of Article 297 in the AIFC Court, setting a precedent for future cases involving similar provisions.

Acted as independent expert before the AIFC Court in Freedom Finance JSC v. Egor Romanyuk (Case No. AIFC-C/CFI/2023/0023), a USD 5 million commercial dispute concerning an alleged breach of a Settlement and Release Agreement. A central issue was the application of Article 297 of the Kazakhstan Civil Code relating to the reduction of contractual penalties. The expert’s 40-page report was adopted in full by Judge Sir Rupert Jackson (former Lord Justice of Appeal of England and Wales), whose judgment agreed with the expert’s position on disputed issues. The decision established a key precedent for the interpretation of Article 297 of the Kazakhstan Civil Code in the AIFC Court.