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We provided legal advisory services to represent and protect the interests of Beineu-Shymkent Gas Pipeline LLP at the judicial bodies in Kazakhstan, arising from the claim under the EPC Contract.

Beineu Shymkent

Beineu-Shymkent Gas Pipeline
The Beineu-Bozoy-Shymkent gas pipeline, the largest pipeline project in the history of independent Kazakhstan, plays an important role in increasing the country’s energy safety. In December 2010, Beineu-Shymkent Gas Pipeline LLP was established on the equal-share basis by Kazakhstan and Chinese companies, KazTransGas and Trans-Asia Gas Pipeline Company Limited. The gas pipeline route, with the pipe 1067 mm in diameter, runs through the territories of Mangistau, Aktobe, Kyzylorda, and South-Kazakhstan regions. The implementation was performed in several phases, and the pipeline is a strategic project aimed at providing the country’s South with local natural gas as well as at increasing export capabilities.
Headed by Artem Timoshenko, the Unicase Senior Partner, the analysis of all the project-related documents revealed the gaps to be filled and ensured everything was ready. Furthermore, it was required to develop the best strategy of defence and to approve this strategy by the Client’s shareholders. Notably, the court hearings were conducted via online-conference platforms, and it was quite challenging to adjudicate the rights of the Client and coordinate the dispute with a vast number of case materials and cooperative efforts of the Claimants.
After several hearings, we won. Unicase successfully represented the Client’s interests in the court of first instance, and the claim was dismissed by the court in full.
Impact & Outcome
Along the road to this success, we established a new practice on EPC Contract investigation, confirmed possibility of contracting Project-based calculation and requests on price changes beside estimated cost, established by cost calculation.
We consider the following an overall success: the Client was protected in international consortium; we confirmed bankability of Kazakhstan and local projects; we confirmed the possibility of investment protection.