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Litigation

Litigation is one of the widest practices of ARNA PARTNERS and it includes representations of client’s interests in state courts and arbitrage. Lawyers of ARNA PARTNERS have extensive experience in litigation at all levels of the judicial system of Kazakhstan on various disputable matters, including disputes with fiscal authorities, commercial disputes, construction disputes, labour disputes, corporate disputes, etc.

Prejudicial settlement of the dispute is an obligatory procedure for certain types of litigation as well as if it is expressly provided by the contract. At this stage party whose interests have been violated sends a claim to the other party. This claim should clearly express the reasoned requirements of the party to deprive the breaching party of the grounds to unconscientiously argue about nonfulfillment of the prejudicial settlement of the dispute. Lawyers of ARNA PARTNERS prepare proper claim or objection to the claim in short terms and will represent your interests in the process of settling the dispute out of court.

Debt collection claim could be considered in writ proceedings, simplified proceedings or in ordinary proceedings. For claim submission, it is required to pay the state fee and provide evidences confirming the amount of claim. Additionally during the debt collection, it is possible to secure the execution of a court ruling.  ARNA PARTNERS’ litigation lawyers have extensive experience in representing client’s interests in debt collection and accompanying them up to the complete execution of the court ruling.

Actions (inaction) and decisions of the state revenue authorities may be appealed in court within 3 months from the date when company became aware of the violation of its interests. Meanwhile, notification on the results of the tax audit is a subject to appeal within 30 calendar days from the date of notification delivery. Court appeal suspends the appealed act and penalties charging. ARNA PARTNERS will help you to prepare a strategy to appeal the results of the tax audit and professionally represent your interests in higher authority or in court.

Actions (inaction) and decisions of the state authorities and officials may be appealed in court within 3 months from the date when the person became aware of the violation of his interests. At the same time court appealing suspends the appealed act. ARNA PARTNERS provides professional legal support for its clients during the appeal of actions (inaction) and decisions of the state authorities and officials to a higher authority or court.

In case of violation of administrative law officials or court pass a ruling on administrative violation. This ruling may be appealed to a higher official or in court. Term of appeal of the ruling on administrative violation is 10 days from the date of receiving the ruling. Administrative proceedings should be completed within 2 months from the date of discovery of the administrative violation. ARNA PARTNERS will promptly assist in the protection of clients’ interests in administrative proceedings.

Lawyers of ARNA PARTNERS have extensive experience in representing client’s interests in leading arbitration institutions of Kazakhstan. Arbitration proceedings have number of procedural differences in comparison with the dispute consideration in court of general jurisdiction, as all procedural issues are resolved based on the rules of the arbitral institution. Nonetheless, arbitration has a number of advantages in the scrupulousness in consideration of each question and strict compliance with all procedural requirements. Considering existing positive experience, ARNA PARTNERS provides professional legal protection of client’s interests in arbitration.

Enforcement of a foreign arbitration award in Kazakhstan is possible after recognition of the arbitration award by court of general jurisdiction. The main purpose of such recognition procedure is to examine the presence of the opportunities for the party, against which arbitration award has been made, to exercise its procedural rights. Based on the court ruling court issues the list of enforcement, which in its turn is a legal ground of enforcement proceedings. During the enforcement of a foreign arbitration award ARNA PARTNERS will prepare all required procedural documents and represent client’s interests in court.

ARNA PARTNERS has extensive experience in representing companies’ interests in labour disputes. Labour disputes have number of specific differences such as terms of dispute initiation, legal consequences of reinstatement and etc. As in any dispute, preparation of legal documents at early stage is important for building the correct strategy. ARNA PARTNERS will promptly and professionally prepare all procedural documents to protect interests of your company.

Obtaining the positive court ruling on legal dispute is only a part of the process, as its further enforcement requires no less effort. ARNA PARTNERS has a large number of partnerships with leading private legal executives that allow ARNA Partners to promptly take measures to limit the withdrawal of assets and possibilities for avoiding responsibility. ARNA PARTNERS is able to organize the enforcement proceedings in client’s interests and monitor the activity of private legal executives for the most rapid and effective enforcement of the court ruling.

Bankruptcy and rehabilitation procedures are complex procedures, consisting of several stages. Lawyers of ARNA PARTNERS have experience in assisting clients from both debtor and creditor sides.

Why We?

years of experience in legal consulting

14

years of experience in legal consulting

companies which trust us

48

companies which trust us

consultation in 2016

1146

consultation in 2016