Commercial disputes and bankruptcy
Representing a client, a Kazakh company, in a dispute over recovery of unearned advance payment and in a counterparty bankruptcy case.
Our Client is a company from Kazakhstan, one of the largest producers of chrome raw materials and ferroalloys in the world. The Client entered into a contractual agreement with a Russian enterprise. The Russian company did not complete the work under the contract, but did not return the unearned advance payment.
Our Client is a company from Kazakhstan, one of the largest producers of chrome raw materials and ferroalloys in the world. The Client entered into a contractual agreement with a Russian enterprise. The Russian company did not complete the work under the contract, but did not return the unearned advance payment. The law applicable to the construction contract is the law of the Republic of Kazakhstan.
PB Legal's team successfully recovered a debt from a contractor in a Russian court. Based on this decision, we initiated bankruptcy of the debtor company. As part of the bankruptcy proceedings, we challenged transactions involving the withdrawal of assets from the company in favour of a controlling person, and initiated a proceeding to bring the controlling persons to subsidiary liability.
In addition, our team is also supporting a litigation to recover in a Russian court under the law of the Republic of Kazakhstan the unearned advance payment and damages from a South African company, which also failed to perform work for the Client in co-operation with a Russian company.