Real estate and construction (including projects) in Kazakhstan

AEQUITAS

AEQUITAS  has a strong track record advising clients on the construction of major industrial and social facilities and large residential complexes in Kazakhstan. Clients also turn to the firm for advice on project finance transactions, as well as construction litigation and arbitration. It has recently become a member of the global law network TerraLex and acts for clients such as the European Bank for Reconstruction and Development. Nurlan Sholanov , Ardak Idayatova and Olga Chentsova work with a number of international clients across different areas of the real estate and construction sector. Since publication,  Valikhan Shaikenov left the firm.

Practice head(s):

Olga Chentsova; Nurlan Sholanov; Ardak Idayatova

Key clients

European Bank for Reconstruction and Development (EBRD)

Eurasian Development Bank (EDB)

Islamic Development Bank (IsDB)

Work highlights

  • Advised international development banks on the BAKAD project finance and assisted the international project finance structure.

Dentons

Dentons’ practice covers all aspects of design and construction work, ranging from initial land use planning and zoning to construction (including procurement methods), commissioning, operation and maintenance, financing and development management. The firm is prominent in a myriad of development projects, such as those concerning airports, roads, commercial/residential/mixed-use developments and gold processing plants. It is also active in energy and natural resources projects. Birzhan Zharasbayev leads the real estate and construction practice.

Practice head(s):

Birzhan Zharasbayev

Other key lawyers:

Bogdan Piskorskiy

Key clients

TAV Airports Holding Co.

AK Altynalmas JSC

St-Gobain produits pour la construction SAS

Kellogg, Brown and Root UK

Qazaq Soda LLP/ Yildirim Holding A.S.

PETROFAC International (UAE) LTD

Valmont Industries Inc.

Moore Control Systems Inc.

Work highlights

  • Assisted TAV Airports Holding Co. with complex due diligence review of the Almaty International Airport’s (AIA) assets prior to purchase of AIA’s shares; conducted a review of the drafts EPC contract (bespoke form) and technical support agreement; advised on securities portfolio and applicable regulatory requirements, re-checking the list of issues requiring third parties’ consent for a pledge and extra-judiciary enforcement of assets being securities; reviewing issues re: land acquisitions and relocation within the safety zone around the AIA, etc.
  • Advised AK Altynalmas JSC on the drafting of the EPC Contract (based on FIDIC ‘Silver Book’) and tender documentation with respect to engineering and construction of the gold refining plant and its infrastructure, as well as with negotiations with the general contractor.
  • Assisted Qazaq Soda LLP/Yildirim Holding A.S. with respect to development of the bidding documentation for the project; drafting the D&B contract (based on FIDIC’s ‘Yellow book’) for a plant with a capacity of 400,000 tons per year in the Zhambyl Oblast; advised on licensing requirements necessary for the implementation of projects tendered by major oil and gas companies operating in Atyrau oblast; provided comments on certain licensing and permitting issues applicable during the lifetime of the project; the project is unique for the region and may potentially involve amending the subsoil use legal framework to allow extraction of certain minerals required for the plant’s production process.

GRATA International

GRATA International has an outstanding track record in infrastructure projects in Kazakhstan, with it regularly featuring in the most significant developments in the country. It played a key role in the first PPP projects seen in the local market. The firm’s work covers all aspects of the projects lifecycle, including project financing, M&A, PPPs and other regulatory matters. In addition to being a major player in the local market, the firm also excels in renewable projects in central Asia. Clients include the Modern Construction Group, Accenture and Beeline. Yerzhan Yessimkhanov leads the practice.

Practice head(s):

Yerzhan Yessimkhanov

Key clients

KazStroyService OJSC

Bureau Veritas

Seker GYO

Kumpulan Kazakhstan

Madani

Lior

Thyssen Krupp

Knauf

Siemens

Tetra Tech ARD

Marubeni

Initec Plantas Industriales

Accenture

Beeline

Modern Construction Group

Work highlights

  • Advised KazStroyService OJSC, Kazakhstan’s largest infrastructure construction company, on the implementation of several large-scale infrastructure projects in Kazakhstan and Russia, including construction of major gas pipeline in Kazakhstan and major industrial facility in Russia.
  • Acted for Seker GYO on the sale of numerous real estate facilities in Kazakhstan, including sale of a large residential compound, sale of apartments in other compound, sales of numerous land plots, etc.
  • Acted for Kumpulan Kazakhstan on the financing and construction of luxury residential compound in Almaty, including negotiations with financing parties, drafting and negotiation of EPC contract and various other matters.

AGZ / Zan Hub

AGZ / Zan Hub has a first-rate reputation in PPP and construction projects in Kazakhstan. In the infrastructure sector, the firm advises clients on the construction, acquisition and financing of infrastructure concessions. The firm is also a major player in the renewable energy arena; Madiyar Bekturganov has been instrumental in the development of renewable energy legislation. Elsewhere, other drivers of work include project finance transactions and acquisitions of real estate. Clients include Burnoye Solar, Caspian Legacy Construction and the European Bank of Reconstruction and Development. The practice is led by Madiyar Bekturganov, who is supported by senior associate Altynay Mambetalina.

Practice head(s):

Madiyar Bekturganov

Other key lawyers:

Altynay Mambetalina

Key clients

European Bank of Reconstruction and Development

Asian Development Bank

Baiterek Venture Fund JSC

UGEL

Samruk-Energy JSC

JSC Ekibastuzskaya GRES-2

Caspian Legacy Construction

Batys Tranzit LLP

Airliquide Kazakhstan

JSC Kazakhstani Center for the Modernization of Housing and Utilities Sector

Burnoye Solar

SWECO

Work highlights

  • Advised Air Liquide on the modernisation of POCR gas-producing facilities for major oil refineries in Kazakhstan.
  • Advised Samruk-Energy and Ekibastuzskaya GRES-2 on a 600 MW power plant construction project.
  • Advised EBRD on financing the modernisation of street lighting in Taraz city under a Public-Private Partnership framework, including due diligence of design-build-operation and maintenance contract (DBOM).

Artyushenko & Partners Boutique Law Firm

Artyushenko & Partners Boutique Law Firm, which focuses on real estate and construction work, handles real estate investments and operational matters, as well as development work. In addition, it is active in real estate litigation and arbitration. Clients include Turanga Group, AtyraulnzhStroy and ShalkiyaZinc JSC. The practice is led by Andrey Artyushenko.

Practice head(s):

Andrey Artyushenko

Testimonials

‘The practice is always competent not only for the legal matters, but also for the practical view on the situation.’

‘Andrey Artushenko is competent lawyer and leader of the team.’

‘I liked the detailing of each employee in a specific area. In my opinion, this approach gives a more focused and detailed study of the issue.’

‘Strong customer focus and efficiency in the performance of work.’

Key clients

Turanga Group LLP

Mareven Food

AtyrauInzhStroy

Eco meat group

Alaygir

General Electric

ShalkiyaZinc JSC

Work highlights

  • Advised Turanga Group LLP on creating tourist and recreational facilities in the national park, taking into account the peculiarities of the legislation on specially protected natural areas.
  • Assisted Mareven Food with the commissioning of a railway line end for a working factory in the Almaty region.
  • Advised General Electric on understanding different local issues which are matters during the commissioning of the project, and how to avoid miscommunication with authorities, comply with local regulations and getting appropriate licenses and accreditations.

Kinstellar LLP

Kinstellar LLP is noted for its work on hotel development and management matters in Kazakhstan, as well as its involvement in construction projects and disputes in the energy and TMT sectors.  Joel Benjamin brings 25 years of experience to the team, having worked in the US and Uzbekistan, in addition to the firm's three offices in Kazakhstan.

Practice head(s):

Joel Benjamin

Other key lawyers:

Anna Kornilova

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP assists clients with real estate transactions, portfolio management, joint ventures and disputes, among other mandates. Managing partner and general director Aset Shyngyssov  heads up the practice and has experience of leading on M&A, oil and gas and infrastructure projects, among others.

Practice head(s):

Aset Shyngyssov

Other key lawyers:

Bakhytzhan Kadyrov; Karina Ilyussizova

Key clients

Airbus

VTB Bank PJSC

RG Processing

EBRD

Magnetic Oil Ltd.

Arcelor Mittal JSC

RG Processing LLP

EDGE Group PJSC

RTS Ltd.

Kusto Agro Pte.

Work highlights

  • Advised Aldar Properties PJSC on the development, drafting and negotiations of various lease agreements for retail, office, and residential premises in Abu Dhabi Plaza in Nur-Sultan, Kazakhstan. There were more than 100 lease agreements/tenants in total.
  • Acted for VTB Bank PJSC on financing of KazTransGas JSC – the largest gas supply company and operator of Kazakhstan’s major gas pipeline system. The loan proceeds were used to refinance the borrower’s outstanding current debt applied in respect of project for construction of booster stations on main gas pipeline.
  • Advised RG Processing LLP on the construction of a gold processing plant.

Unicase Law Firm

Unicase Law Firm handles a broad cross-section of issues associated with the implementation of projects in areas such as transport, energy and roads, among others. The team covers the full life cycle for clients, including project finance, M&A, PPPs and other regulatory matters related to Kazakhstan and Uzbekistan. The practice is led by Almaty-based partner Saniya Perzadayeva.

Practice head(s):

Saniya Perzadayeva

Other key lawyers:

Raushana Chaltabayeva; Ayana Unerbayeva; Nurlan Kubenov; Sanzhar Amangeldy

Testimonials

‘The team works harmoniously, professionally and quickly enough to complete the assigned tasks.’

‘A great experience in project support.’

‘Harmonious work, timely and high-quality feedback, good participation in negotiations.’

‘We highly appreciated the work of Saniya Perzadayeva and Raushan Chaltabayeva.’

‘At Unicase, partners and associates are committed to resolving various legal issues in a timely and cost-effective manner. They give comprehensive legal services and this is what we value the most.’

‘Raushana Chaltabayeva is an exceptional person with extensive knowledge in renewable energy, PPP, corporate, construction and infrastructure. She is a highly professional adviser and she has a friendly and professional attitude.’

Key clients

Vestas Deutchland

Kazakhstan Project Preparation Fund

Work highlights

  • Advised Vestas Deutchland on the complex licensing matters in the field of construction and design in Kazakhstan.
  • Advised the Ministry of Healthcare of the Republic of Kazakhstan (MoH) and Kazakhstan Project Preparation Fund (KPPF) on a concession project in connection with the construction and operation of a Multi-Disciplinary hospital within the Republican State Enterprise Kazakh National Medical University on the right of economic management of the MoH in Almaty.

Integrites

Duman Akhmetov leads the practice at Integrites, which assists clients with real estate acquisitions and sales, corporate structuring of real estate projects and construction permits. It also acts for clients in real estate and construction disputes.

Practice head(s):

Duman Akhmetov

Key clients

DORCEKAZAK LLP

Deloitte TCF, LLP

Deloitte TCF, LLP, which has a strong profile among domestic and international clients, assists with drafting and reviewing EPC and O&M contracts, regulatory market studies and obtaining permits/licences/consents for construction projects, among other matters. Almaty-based partner Agaisha Ibrasheva has over 20 years of private practice experience.

Practice head(s):

Agaisha Ibrasheva

Other key lawyers:

Olessya Kirilovskaya; Dariga Tokpayeva

Sayat Zholshy & Partners

Sayat Zholshy & Partners acts for clients on real estate transactions, leasing matters and development and construction investment projects. It also leverages its banking practice to handle the financing aspects of real estate projects. Vitaliy Vodolazkin heads up the practice, which has particular expertise in matters involving distressed assets and encumbered real properties.

Practice head(s):

Vitaliy Vodolazkin

Testimonials

‘Sayat Zholshy & Partners law firm specialises in real estate transactions. I believe there are few specialists who can foresee all risks that might arise out of a real estate transaction in Kazakhstan. Our experience shows that Sayat Zholshy & Partners successfully copes with this challenge.’

‘We work with senior partner Vitaliy Vodolazkin. He successfully closes all real estate transactions – he is definitely adept at that. I would recommend him to anyone who wants to purchase or sell expensive real estate in Kazakhstan.’

‘Sayat Zholshy & Partners litigation team deeply understands all specifics of construction and real estate business – this is definitely their advantage.’

‘Senior partner Vitaliy Vodolazkin is our key contact in Sayat Zholshy & Partners. Vitaliy Vodolazkin knows a great deal about how to resolve construction and real estate disputes.’

Key clients

PSN KazStroy JSC

Nomad Insurance JSC

RG Brands Kazakhstan

Eurasian Foods Corporation JSC

Hilti Corporation

Work highlights

  • Advised RG Brands Kazakhstan on the acquisition of a premium-class office facility from the developer.
  • Represented PSN KazStroy JSC in a dispute with a contractor over a subcontract for the construction of facilities in offshore oil fields in the Caspian Sea.
  • Represented Nomad Insurance JSC in a civil liability insurance dispute with a contractor engaged in the construction of a water main conduit in the Zhambyl Oblast, Republic of Kazakhstan.