International Investment Arbitration

Acted as an investor-appointed expert witness in an ICSID arbitration case against a sovereign state. The scope of the expert testimony included complex issues of Kazakh procedural and substantive law, as well as enforcement proceedings in the context of alleged denial of justice and judicial expropriation. The tribunal ultimately agreed with the investor-appointed experts on all disputable questions of Kazakh law and ruled in favor of the investor.

Provided continued expert advice to investor’s counsel on various issues of Kazakh law, including the interpretation of controversial provisions of the 1994 Foreign Investments Law of the Republic of Kazakhstan, in support of an UNCITRAL investment arbitration and the ensuing set-aside proceedings before the English courts.

Comprehensive legal advice to a leading Turkish construction company in connection with a potential investment arbitration worth tens of millions of dollars, arising from a FIDIC-based construction dispute with a Central Asian state.

Acted as an investor-appointed expert witness in Aktau Petrol Ticaret AS v Republic of Kazakhstan (ICSID Case No. ARB/15/8). The scope of the questions covered complex issues of Kazakh procedural and substantive law, as well as enforcement proceedings in the context of alleged denial of justice and judicial expropriation (‘enforcement action’ – namely action by bailiffs). In its final decision, the tribunal agreed with the investor-appointed experts on each disputed issue of Kazakh law and decided the case in favour of the investor.

Providing ongoing expert advice to the investor’s lawyers on various issues of Kazakhstan law, including interpretation of disputed provisions of the 1994 Law of the Republic of Kazakhstan ‘On Foreign Investments’, in support of the main UNCITRAL investment arbitration Ruby Roz Agricol LLP v Kazakhstan and subsequent cancellation proceedings in the English courts.