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Artem
Timoshenko
Timoshenko
Managing Partner
+7777 4400 004
Litigation Practice Lead
artem.t@unicaselaw.com
About
Mr Artem Timoshenko has been a recognised leader in Dispute Resolution and Arbitration practices both domestically and globally. He is the Unicase Managing Partner, and a certified advocate, representing Clients in all types of trials, arbitration and protection from corporate raiding included. He has more than 16 years of experience in enforcement of foreign court decisions.
Artem has more that 150 successful cases and specialises in corporate restructurings complicated by a foreign element, foreign investments, M&A transactions, securities’ circulation, labour disputes, and corporate management. He also has extensive experience in the FMCG and pharma sectors, as well as in protecting clients’ interests on customs and tax law. Mr Timoshenko has extensive experience in due diligence, asset privatisation, obtaining permits, approvals, and licences with authorised bodies (subsoil, antitrust, labour, etc.)
For several years, international legal directories - Chambers and Partners, Legal 500, IFLR1000, and AsiaLaw Profiles - have recommended Artem as a Tier 1 lawyer in Dispute Resolution and Arbitration.
Artem has more that 150 successful cases and specialises in corporate restructurings complicated by a foreign element, foreign investments, M&A transactions, securities’ circulation, labour disputes, and corporate management. He also has extensive experience in the FMCG and pharma sectors, as well as in protecting clients’ interests on customs and tax law. Mr Timoshenko has extensive experience in due diligence, asset privatisation, obtaining permits, approvals, and licences with authorised bodies (subsoil, antitrust, labour, etc.)
For several years, international legal directories - Chambers and Partners, Legal 500, IFLR1000, and AsiaLaw Profiles - have recommended Artem as a Tier 1 lawyer in Dispute Resolution and Arbitration.
Membership:
Education:
- Kazakhstan Bar Association;
- Kazakhstan Lawyers’ Association;
- Arbitration of IUS International Court;
- Arbitration of the International Arbitration Mediation Courts at the Kazakhstan Chambers of Commerce and Industry;
- AIFC Court right of audience.
Education:
- LL.M from Kyrgyz-Russian University, Kyrgyzstan - honour
- LL.B from the Adilet Higher Law School in Kazakhstan
"For some reason, people learn the criminal code much faster in prison"
Dispute Resolution & Litigation
Relevant Experience
Represented the Eneverse Kunkuat in the dispute on the recognition of a land lease agreement invalidity due to the alleged allocation of a land plot from lands for agricultural purposes. Ended the dispute with the conclusion of a settlement agreement with a state authority.
Represented an international cryptocurrency company (NDA) in arbitration proceedings against a Kazakh company in connection with the delivery of almost 7,000 mining machines with an estimated value of USD 5,000 per unit and an alleged loss of profit of USD 1,650,000.
Represented interests of the DANAI PUMPS CO, LTD., in China International Economic and Trade Arbitration Commission (CIETAC) on a dispute with the large EPC contractor.
Represented Beineu-Shymkent Gas Pipeline LLP before the judicial authorities of Kazakhstan in a dispute arising in connection with a claim under an EPC contract.
Represented a manufacturer of road bitumen in Kazakhstan in relation to an appeal against first instance judgement for the recovery of a debt arising from the execution of an EPC contract for plant reconstruction.
Advisied Schueco, LLP, on a dispute in connection with the violation of contractual obligations with a large Kazakh construction company.
Represented a world leading ORC Producer (development, production, and maintenance of Organic Rankine Cycle and renewable energy systems) in arbitration against Uzbekneftegaz, the largest state-owned company of Uzbekistan, in the court of first instance.
Advised Shenzhen Careall Investments Holding Group Co LTD. on the breach of obligations under the subsoil use contract and refusal of a seller to re-register the property right over the share in company to the Client.
Represented the legal interests of the Client in the ICC Arbitration (Geneva, Switzerland) on a dispute about non- fulfilment of contractual obligations against a consortium of French companies.
Represented the interests of Tupperware Kazakhstan in dispute with ceased employee on alleged illegal dismissal from office.
Represented the interests of a Polish company, specialising in innovation IT solutions, a subsidiary of the multinational enterprise, Westernacher & Partner AG, in the course of Euro 500,000 debt collection from a contractor.
Represented the interests of a Kazakhstani manufacturer of photovoltaic modules in the ICC international arbitration in Geneva, Switzerland in accordance with the ICC rules.
Represented an ICMD cross-border holding company in several court proceedings on the recovery of debt under loan agreements with counterparties in Kazakhstan.
Advised Shenzhen Careall Investments Holding Group Co LTD. on the breach of obligations under the subsoil use contract.
Represented one of major Kazakhstani suppliers of plastic bags (NDA) in a dispute with the Ministry of Finance of the Republic of Kazakhstan over the application of import duty and taxes.
Represented interests of a Scottish service company for oil and gas projects in a dispute with the tax authority to recover the revenue from unlicensed activities.
Protected interests of a foreign courier company in recovering of customs duties based on unreliable declaring.
Represented interests of a foreign investment fund in a dispute with a national telecommunications company and the tax authorities of Kazakhstan in respect of dividends paid to a minority shareholder of a national telecommunications company.
Provided services to a subsidiary of a large oil and gas company in recognition and enforcement of the decision of the UAE court in the territory of the Kazakhstan Republic.
Represented interests of the Expert RP during court proceeding, in which the Client and the world's largest hardware/software producing company were the defendants.
Represented a leading chemical group in construction chemicals, crop protection products, mining chemicals, double taxation, and transfer pricing.
Defended interests of a subsoil user from China (the Shalva oil field owner) in courts of first instance, in the court of appeal, and in the Supreme Court.
Represented a subsidiary of a foreign IT company in a frivolous claim by the State Revenue Committee to declare registration illegal. Successfully held a cassation heariwng after which the case was returned to the Special Economic Court of Almaty, after which we appealed the claim.
Tax & Customs
Represented a Major Internet Resource (NDA) on issues related to an unlawful copyright claim, including the recognition of a fee of USD1,6 million as unlawful.
Represented the interests of April Spa offering services on full coverage in all fields of logistics in respect to debt recovery from a Kazakhstani logistic company.
Represented the interests of a Canadian mining company in a dispute with tax authority in connection with additional historical costs and corporate income tax in amount of USD20 million.
Represented a subsidiary of a German manufacturer of construction formwork in recovery of debts amounting to USD410 million from counterparties.
Conducted pre-trial proceedings for an electrical equipment major player to settle a dispute arising out of unfulfilled contractual obligations on payments. Defended the Client's interests in the court of first instance and supervised the activities of private bailiffs.
Represented a world leading oil refining business interests (NDA) in a dispute regarding losses incurred during the processing raw materials and taxation of the losses by the corporate income tax and value added tax. The dispute was resolved in a pre-trial order by an interdepartmental commission with recommendations to the tax authority on improving tax legislation.
Advised the CCECC on all legal issues related to its construction activity in Kazakhstan, including tax and currency issues. Prepared an analysis of the Kazakhstan tax and currency legislation for the irrigation project, issues related to the transfer of funds to the local branch from the head office in China, subcontract issues, developing the most appropriate options feasible from Kazakhstan currency regulation, including analysis of tax implications.
Provided full legal support to GlaxoSmithKline on all legal issues related to tax, customs, corporate, labour, and international civil law through the secondment of an associate. Advised on the litigation issues related to the dispute resolution with a government agency regarding drug pricing and on many other internal legal issues related to the tax, customs, labour, and civil laws of Kazakhstan.
Supported a China power international holding during the acquisition and development of a 50 MW wind farm project in the North Kazakhstan region. Provided turnkey legal support for the investment. Advised on the laws, regulations, and policies regarding the development and construction of wind power projects and other applicable laws, including the bilateral trade and investment treaties, laws and regulations on investment and taxes (including tax benefit policies available), power trading and power pricing mechanism (including PPA), land, companies, environment protection, construction, bidding, labour, dispute resolution, and health and safety.
Advised DHL on various legal issues concerning tax, corporate law, labour and material contracts, and liabilities on an ongoing basis. By advising on the Kazakhstani law, ensured the due operation of local DHL’s services in compliance with tax, corporate, labour, civil, and other regulations; improved local legislation awareness of DHL’s personnel.
Represented the interests of Atlas Group, a company dealing with oil refining issues under a tolling scheme, in matters of interaction with an oil refinery.
1. analysed the situation and advised on losses /natural losses incurred during the processing of raw materials and taxation of these losses by corporate income tax (CIT) and value added tax (VAT);
2. responded to notifications received from authorised bodies;
represented the Client’s interests during hearings at the tax authority and interdepartmental commission on dispute settlement, and additional accrual of taxes.
1. analysed the situation and advised on losses /natural losses incurred during the processing of raw materials and taxation of these losses by corporate income tax (CIT) and value added tax (VAT);
2. responded to notifications received from authorised bodies;
represented the Client’s interests during hearings at the tax authority and interdepartmental commission on dispute settlement, and additional accrual of taxes.
Publications
Dive into Artem's articles
Features of Imposing Forfeit Payments in Civil Litigation
Conventus Law, April 2024
What Amendments are Awaited for Kazakhstan in 2024
Lexology Magazine, January 2024
Особенности корпоративного управления частных компаний МФЦА
Lexology Magazine, January 2024
Legislative Trends and Innovations in Digital Assets
Mondaq Magazine, January 2024
Features of Corporate Governance of Private Companies in AIFC
Lexology Magazine, January 2024
TOP 5 Facts Explained, COP28: Explaining the Landmark Developments of the COP28
Lexology Magazine, December 2023
Extraction of Useful Data
RBK Magazine, June 2014
Liability Insurance of Carrier to Passengers
RBK Magazine, August 2014
Problems of Determining Customs Value of Goods
May 2016
Electronic Invoices. Legal Regulation and Responsibility
2016
Setting Up Business in Kazakhstan
May 2020
Certificate of Appreciation Women Business and Law
World Bank Group, 2020
Setting Up Business In Kazakhstan
Mondaq Magazine, July 2020
Global Investigations Guide
Mondaq Magazine, April 2021
Digital Tenge: The Advantages Of Launching E-Currency
Mondaq Magazine, 27 April 2021
Key Changes in Legislation for 2020 and 2021
Mondaq Magazine, 27 April 2021
What Should You Do in Case the Company Has Been Illegally Registered Under Your Name?
Mondaq Magazine, May 2021
How Easy Is It To Cancel The Enforcement Inscription by a Notary and is It Worth Using It?
Mondaq Magazine, July 2021
Регистрация Бизнеса В Казахстане
Mondaq Magazine, Mar 2022
Эффективное Взыскание Задолженности
Mondaq Magazine, April 2022
Debt Collection Done Well
Mondaq Magazine, April 2022
Arbitration Agreement Mistakes
Mondaq Magazine, July 2022
Significant and Planned Amendments to the Legislation of the Republic of Kazakhstan in 2023
Mondaq Magazine, February 2023
Банкротство физических лиц - последнее средство должника
Mondaq Magazine, February 2023
Рекомендации по исполнению арбитражных решений в Казахстане
Mondaq Magazine, March 2023
Practical Tips on Enforcement of Arbitral Awards in Kazakhstan
Mondaq Magazine, March 2023
Mondaq Magazine, March 2023
Перспектива присоединения Республики Казахстан к конвенции о признании и приведении в исполнение иностранных судебных решений по гражданским и торговым делам 2019 года
Mondaq Magazine, March 2023
Топ-5 обязательных знаний которые помогут Вам привести арбитражное решение к исполнению в Казахстане
Mondaq Magazine, March 2023
Important Factors to Consider When Drafting an ICC Arbitration Clause
Mondaq Magazine, March 2023
Investment Disputes: Causes, Consequences, Conclusions
Mondaq magazine, July 2023
Ошибки при составлении арбитражного соглашения
Mondaq Magazine, July 2022
Arbitration Clause Between State Bodies And Government-Sponsored Enterprise and Its Features
Mondaq Magazine, July 2021
在哈萨克斯坦和中国承认和执行外国 仲裁裁决
Mondaq Magazine, December 2021
Признание и исполнение иностранных арбитражных решений в Казахстане
Mondaq Magazine, December 2021
Recognition and Enforcement of a Foreign Arbitral Award in Kazakhstan
Mondaq Magazine, December 2021
Getting the Deal Through: Mergers and Acquisitions
(Kazakhstan part), 2012
Private Court Officer, History and Perspectives
Zanger Magazine, August 2011
Cryptography in Kazakhstan: Problems and Recommendations
Zanger Magazine, September 2011
4G in Kazakhstan: Challenges
World Monitor magazine (EUROBAK), November 2011