LANES | Disputes
Legal Assessment, Pre-Litigation Resolution, Debt Recovery, Business Protection and Employment Disputes. We stand by your side when risks need to be assessed and disputes resolved before litigation — and when judicial protection becomes necessary.
LANES
We are ready to represent your interests in court. However, our primary objective is to resolve disputes, wherever possible, before they reach this stage — negotiation is often more effective and less costly than litigation. If court proceedings are nevertheless necessary, we will:
We handle commercial, corporate, employment and other disputes before courts of all instances, whenever necessary to protect our clients’ interests.
In practice
We assess the contract and the breach, prepare a claim letter in line with the pre-trial procedure and negotiate repayment.
We determine where the dispute is better heard — in court or in arbitration, calculate the amount of the claim, gather evidence and prepare the procedural documents.
We assess the prospects and time limits, prepare the statement of defence and the position, and represent the company at all instances.
We seek interim measures so that by the time of the judgment there is something to recover from.
We use negotiation and mediation and record the agreements in an enforceable form.
We handle disputes in arbitration, including with foreign counterparties, and support the recognition and enforcement of arbitral awards.
We handle disputes between participants, with the director and with employees.
We appeal judgments to higher courts and support enforcement of the judgment.
Signs of a dispute
Questions worth considering in advance.
Each agreement should be subject to a preliminary legal assessment to identify and mitigate the risk of it being declared invalid or void by a court. Such an outcome may, in general, preclude judicial protection in the future. Therefore, the agreement should be reviewed in its entirety at the outset to identify and mitigate the risk of it being declared invalid or void.
A proper legal assessment will help determine the subject matter of the dispute and formulate the appropriate claims.
If the parties have agreed to attempt to resolve a dispute without resorting to court or arbitration, they must follow the agreed procedure. In some cases, however, the procedure is set out inaccurately or incompletely, without clearly establishing when a party becomes entitled to commence court proceedings. The pre-trial dispute resolution provisions should therefore be reviewed by lawyers in advance, taking into account the applicable procedure and time limits. This will help assess the prospects of resolving the dispute, as well as the associated costs.
In many cases, the venue for resolving a dispute is not expressly specified in the agreement, or a specific court or arbitral tribunal is designated. Where the agreement contains an arbitration clause, it is important to carefully assess its terms. Incorrect or improperly determined jurisdiction may result in delays, as well as unnecessary costs.
An accurately calculated claim value is one of the key factors in presenting a case effectively before the court. Courts expect the claims to be clearly formulated and internally consistent. This allows the court to understand the substance of the claim and focus on other important aspects of the case, rather than spending valuable time addressing uncertainties regarding the claim value or other relief sought.
Where the matter concerns the recovery of a debt, court proceedings are not the only lawful means of recovering the debt. This is important to consider because court proceedings can be lengthy and give the debtor the right to appeal the court’s decisions, thereby delaying recovery.
It is therefore important to assess in advance whether the creditor is likely to obtain the result for which legal fees will be incurred, and when the creditor can expect to recover the funds. The debtor’s solvency and the prospects of recovery can be assessed to a certain extent in advance.
Special laws and/or international conventions may apply to the agreement and the dispute and, in certain cases, may determine a different approach to the assessment and resolution of the dispute (for example, disputes arising from international carriage by road, rail or air, or disputes involving assets located in other jurisdictions).
Therefore, this algorithm is intended as an initial framework and is not exhaustive.
It is therefore important to properly assess the substance of the dispute before taking steps to resolve it. This is achieved through a professional legal assessment.
Ongoing support
From the first signs of conflict to the enforcement of the award — with an eye to what foreign companies need when a dispute is conducted in Kazakhstan.
We begin with a candid assessment: prospects, limitation periods, evidence, cost and the likely outcome. We determine where the dispute is best conducted — in a state court or in arbitration — and which interim measures are needed so that there is something to recover when the decision arrives. The client gets a plan with options, not just a claim.
We observe the mandatory pre-claim procedure and use it as a tool: letters of claim, negotiations, mediation and settlement agreements. Most disputes are cheaper to close at this stage — we frame the position so that the other side has an incentive to agree, and record what is agreed in an enforceable form.
We prepare the company for a dispute in advance: contractual clauses on governing law, arbitration and sanctions, corporate approvals to litigate, powers of attorney and proof of authority, apostilles, certified translations and standards for keeping documents and correspondence. We reconcile Kazakhstan procedure with the requirements of head office and external auditors — from provisioning to risk reporting — and check whether sanctions restrictions touch the dispute or the recovery.
We conduct cases in courts of all instances, in the specialised economic and administrative courts — including disputes with state bodies under the administrative procedure rules, and tax and customs disputes — as well as in arbitration in Kazakhstan and abroad. We prepare procedural documents, work with experts and witnesses, and build the evidential base.
We obtain recognition and enforcement of foreign judgments and arbitral awards under the New York Convention and international treaties, support enforcement proceedings with private bailiffs, trace assets and challenge the bailiffs' actions where necessary. A judgment is not yet money: we plan enforcement from the first day of the dispute.
We analyse the causes of the conflict and change what led to it: contracts, internal procedures, the way counterparties and staff are dealt with. We handle corporate and employment disputes, disputes with regulators and the protection of business reputation — and see to it that the next dispute either does not arise or is prepared for in advance.
For foreign-owned subsidiaries
Negotiation support, debt recovery, pre-trial claims, litigation and arbitration — reported to HQ in English. Send us the documents: we assess the prospects and the likely fee.
First step
Send us the documents of the dispute — we reply in English during business hours with a plan.
Knowledge base
Only an advocate or a legal consultant who belongs to a chamber. In-house lawyers may act in their own company's cases, and trade union representatives for their members. Giving a power of attorney to a lawyer friend without that status will not work — the court will not admit them. Parents and guardians act without a power of attorney.
Spell out separately the right to sign and file a claim, withdraw it, admit a claim, change its subject matter or grounds, settle, delegate authority, appeal and receive the money awarded. Without that wording the court will not accept the step — and claims are often left without consideration for this very reason.
Yes, the court awards them to the successful party, but in money claims the recoverable sum is capped by a limit the Code ties to the part of the claim upheld. You will need the engagement contract, a statement of services and proof of payment. The court may reduce the amount if it finds it out of proportion to the work done. Check the current cap with our lawyers.
On your application the court can attach the defendant's property and accounts, prohibit specific actions, and bar third parties from transferring property to them. The list of measures in Article 156 is closed — you cannot invent your own. A judge decides without a hearing and without notifying the parties: on the day the application arrives, or on the day the case is opened if it came in with the claim. Note the flip side: the court may require a sum to be placed on deposit against the defendant's possible losses, and after the claim is dismissed they can recover those losses from whoever asked for the freeze. And remember the prohibitions in Article 155: the court cannot suspend a tax authority act that serves as the basis for an audit.
You file an application with the original or a certified copy of the award and the arbitration agreement, plus translations. The dispute is not reheard: refusal is possible only on a narrow list of grounds — an invalid agreement, improper notice, going beyond its scope, or conflict with public policy. Practice is generally favourable to the party seeking enforcement.
The Code sets a general limitation period, but some claims have their own — for example, claims against a carrier run shorter. One detail matters: the court will not raise the time bar on its own, it applies only if a party asks. Claims for harm to life and health and for the protection of personal rights are not time-barred. Check the exact periods with our lawyers.
Get in touch with us or refer to our knowledge base.