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Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly...

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Law firm Lansky, Ganzger + partner June 26th, 2018
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Page 1: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

Law firmLansky, Ganzger + partner

June 26th, 2018

Page 2: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

Agenda

1. About LGP

2. About LGP Kazakhstan

3. About LGP and the Austrian-Kazakh Association

4. Selected reference projects in Kazakhstan

12.07.2018 2

5. Selected construction reference projects worldwide

Page 3: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

About LGP Lansky, Ganzger + partner (LGP) is a leading international law firm with special

emphasize on infrastructure with its head-quarter in Vienna (Austria) and offices in Bratislava (Slovakia), Baku (Azerbaijan) and since 2013 its subsidiary office in Astana (Kazakhstan).

Through these offices and a widespread network of partner law firms all over Western Europe, CEE, CIS and other regions of the world, LGP presents the interests of itsclients at a global scale, focusing in particular on the CIS region as one of the mostinteresting markets.

LGP draws on excellent ties in governmental networks both in CIS, particularly in Kazakhstan, and within the European Union and provides clients with the capacity towork across several jurisdictions in a wide range of fields.

Its longstanding and profound experience enables LGP to deliver to its clients an all-encompassing, interdisciplinary and cross-regional service of the highest level. Manyrenowned national and international banks, corporations and companies have, overthe past years, relied on LGP’s extensive expertise. The firm’s all-inclusive approachclearly distinguishes itself from the general standard of a conventional, solely legal consultancy.

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Page 4: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

About LGP

Through the involvement of our partners from other professional areas, e.g. technical, civil engineering, FIDIC management, economical, tax and customs services, communication area or forensic services, we provide our clients along with traditional legal advice also with complex solutions focused on solving specific needs of ourindividual clients.

LGP is an expert when it comes to operating in an international environment. Weprovide for qualified experts among others in real estate law, infrastructure, conduction law as well as corporate law, M&A and banking law. Furthermore LGP isknow for its comprehensive expertise in the European law, mass media law andintellectual property protection as well as international litigation (both civil andcriminal) and arbitration. Also at our clients’ disposal are our regional managers -jurists from the corresponding regions who collaborate closely with local law firms. They cover most of CEE/SEE, Russia and the CIS-region, including Kazakhstan. This enables us to overcome any linguistic hurdles that may be present in the coordinationand preparation of proceedings: with over 20 Russian speaking employees, weprovide for legal support in Russian language, if this is required.

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Page 5: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

About LGP Considering the profound experience of LGP in the market of Kazakhstan (the past 6

years of intensive legal work) and taking into account its knowledge on the specificsof the local market, business environment and people, LGP is able to move beyondclassical legal counselling, developing customized legal solutions and adopting a regional, thematic and project-specific approach.

Unlike traditional law firms, LGP serves as an interface between business, politics andmedia. We connect the interests of our clients with politics by serving the need ofpoliticians and civil servants for external specialist know-how.

LGP combines know-who to assert our clients’ legitimate interests by legal means. This also involves managing issues and stakeholders’ interests. We believe that activepublic affairs are an important tool for the preservation of sustainable economic, political and legal relations.

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Page 6: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

About LGP Kazakhstan

Being active in Russia and other CIS-countries for more than twenty years we intensively work in Kazakhstan since 2009 advising both Kazakh and Austrian enterprises, both private and state, and strive to improve the bilateral relations. The experience of LGP in Kazakhstan includes various types of projects in multiple areas, whereas the legal fields include, amongst others, corporate, M&A, procurement, real estate transactions, construction law, European law, employment law, project finance, and capital market matters.

Since 2013 LGP Austria operates via its own subsidiary “Lansky, Ganzger und Partner LLC Kazakhstan” (hereinafter “LGP Kazakhstan”) located in 8, Orynbor Street (House ofMinistries), Entrance 3, 5th floor, Office VP 11/1, 010000 Astana.

The establishment of a local presence came alone with the expansion of current clients of LGP to Kazakhstan. Among others LGP Kazakhstan provides legal advice to the Kazakh subsidiary of one of the largest publicly-traded diversified holding company in Russia and the CIS and one of the largest investment companies in the world.

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Page 7: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

About LGP Kazakhstan LGP advised a leading Indian construction company at a tender for Development of

the Aktau Seaport, in particular in preparing the documentation and agreements on standards of FIDIC Silver Book as well as consulted in the field of Kazakh competition law, the Kazakh law on the state procurement, international and domestic arbitration and enforcement of contracts.

Advising an international transport and logistics company in the acquisition of 100% shares of a company operating in the same area in Kazakhstan. LGP conducted a due diligence and prepared all the necessary documents for the acquisition. Since the acquisition of the target company is a so-called economic concentration under the Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation by LGP and the client. It should be noted that companies from more than 10 countries belong to the group of companies.

LGP advised the subsidiary of a European oil company in Kazakhstan. The client was already at the stage of the appeal proceedings. He was sued for payment of a double-digit million sum on the basis of forged documents and the Court of Appeal upheld the decision of the court of first instance. LGP has developed and realized a two-track strategy - civil and criminal - that had led to the delight of the client to a complex solution of the problem.

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Page 8: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

About LGP and the Austrian-Kazakh Association

In order to improve the bilateral business climate LGP funded 2012 together with the Austrian Economic Chambers and the Embassy of Kazakhstan in Austria a business platform, the “Austrian-Kazakh Association” (AKA).

The AKA promotes, facilitates and supports business between Austria and Kazakhstan. It is a non-profit organisation helping companies in both countries to find trading partners and representing the interests of its members within the legal frameworks of each country. Using its experienced internal resources and its comprehensive network of contacts in companies, national governments and business associations, the AKA assists its members in exploring business opportunities and sustain their existing business interests in Kazakhstan and Austria. The AKA’ fully bi-lingual staffs, based in Vienna and Astana, runs high-quality conferences, holds business networking events and provides up-to-date information.

The AKA is governed by a high-level board, of which all members can look back at many decades of experience in doing business between the two countries. Dr Richard Schenz is AKA President and Vice-president of the Austrian Economic Chamber, Dr Gabriel Lansky is AKA executive president and managing partner of LGP and HE Kairat Sarybay is AKA honorary president and Ambassador of the Republic of Kazakhstan to Austria.

The Association unites almost all Austrian entrepreneurs interested in working in and with Kazakhstan; among the members there are OMV, Christof Group or Bertsch Holding.

The AKA is a contractual partner of “KazNex Invest”, the investment platform of the Ministry of Industry and New Technologies of the Republic of Kazakhstan, the Region of Pavlodar and the Chamber of International Commerce of Kazakhstan..

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Page 9: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

Selected reference projectsin Kazakhstan

Advising a large European group of companies combining manufacturing, construction, engineering and advising expertise in the field of renewable Energy (solar/wind plants). LGP provides the broad scope of advice in M&A, corporate law and labour law in Kazakhstan, as well as specific questions of energy law and public procurement.

LGP advised a large European publishing house operating in Kazakhstan on the questions of Kazakh labour and corporate law.

LGP advised a large European engineering and construction company specialized in healthcare and recreation in the process of establishing the structure for commencing their activity in Kazakhstan in relation to a specific engineering and construction project.

Advising a well known international engineering and consulting company on contractual law. The company provides comprehensive engineering and consulting services throughout the project cycle for the development and realization of complex industrial and infrastructure projects and has more than forty subsidiary offices worldwide. The company has been contracted by the consortium with participation of Kazakhstan to perform project management services for the project section of a pipeline construction.

Among other clients of LGP in Kazakhstan we count a large Kazakh state holding company. Advising Kazakh companies and private individuals in complex international litigation cases (both

criminal and civil) involving Kazakhstan and several European jurisdictions. Since 2013 LGP Kazakhstan closely cooperates with Machinery Association of Kazakhstan

providing the legal and strategic advice to Association and its members upon request..

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Page 10: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

Selected construction reference projects worldwide Comprehensive advise to the client - one of the largest Slovak construction company - in 3

highway projects in Poland under the Conditions of Contract for Construction for building and engineering works designed by the Employer (red FIDIC) and under the Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works Designed by the Contractor (yellow FIDIC), with total investment cost of more than USD 965 million. The scope of the work includes the regulation of client’s relations towards the investor and due to the insolvent consortium leader within the joint-venture as well, developing of strategies (legal, technical and economical advising and risk analyzing) enabling the client to terminate FIDIC contracts concluded between the contractors ( joint ventures with our client) and the Polish national highway company.

Providing of legal advice for the client – one of the largest Slovak construction company -in process of enforcement of claims incurred due to highway construction in Poland towards Polish national highway company under the yellow FIDIC representation in settlement. Project volume: USD 130 million.

The largest railway loop project in the Slovak Republic (railway infrastructure reconstruction and modernization) with the investment volume of up to USD 320 million, which is based on the red FIDIC. The scope of our activity was the constant and comprehensive legal representation of the client / contractor – being a Czech construction company - during the whole project execution including performance of so called claim management, client´s representation towards partners in joint venture, representation in disputes settlements..

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Page 11: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

Selected construction reference projects worldwide Comprehensive legal representation of the client – being a construction company - in

process of highway section construction in the Slovakia Republic in the volume of USD 430 mil. under yellow FIDIC, provision of legal services, coordination of communication with contractual partners.

Comprehensive legal representation of the client – being a construction company - in process of highway section construction in the Slovakia Republic in the volume of USD 65 mil. under red FIDIC, performance of a so called claim management, representation in disputes settlements, coordination of communication with public authorities, media and contractual partners.

Representation of client – being a construction company - in process of expressway section construction in the Slovakia Republic in the volume of USD 97 mil. under the yellow FIDIC, performance of a so called claim management, provision of legal services, coordination of communication with contractual partners.

Representation of client – being a construction company - in process sewerage construction for several municipalities in the Slovakia Republic in the volume of USD 43 mil. under red FIDIC, performance of a so called claim management, preparation of the strategies for the client and negotiation with the investor and banks.

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Page 12: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

Selected construction reference projects worldwide Development of the local airports in Karnataka region in India. The scope of our

activity was the representation of an international airport as consortium member during the tender process and the project negotiation and execution term. Project volume: USD 30 million.

Tender for the modernization and extension of the international airport in Antalya, Turkey. We have represented the client during the entire tender process, including the due diligence of the underlying project documents and the negotiations of the proposed project development agreement. Project volume: USD 4 billion.

Tender for the DBOT airport project in Amman, Hashemite Kingdom of Jordan. We have represented the client during the whole tender process including the negotiations of the project development agreement with the IFC, who has represented the Jordanian Government.

Constant legal representation of the Austrian Federal Railways, one of the largest European railway operators, including its infrastructure part. Specific description of respective expertise could be provided upon request.

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Page 13: Law firm Lansky, Ganzger + partner€¦ · Kazakh law, a permit from the Kazakh antimonopoly authority must be obtained. For this reason all the necessary documents are in preparation

You can visit us at: Lansky, Ganzger + Partner Rechtsanwälte GmbH Biberstraße 5 A-1010 Vienna Austria T: +43 1 533 33 30 0 E: [email protected] W: www.lansky.at

Lansky, Ganzger + Partner Rechtsanwälte spol. s r.o. Zámocké schody 2/A 811 01 Bratislava SlovakiaT: +421 2 5930 8063 E: [email protected]

Lansky, Ganzger + Partner KazakhstanOrynbor 8, Entrance 3, 6. floor, 010000 Astana KazakhstanT: +7 7172 72 78 18 E: [email protected] W: www.lansky.at


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