Corporate practice and M&A
One of the major areas of Diplomat Law Firm’s expertise is corporate practice and mergers and acquisitions (“M&A”). Our team provides complex legal support in:
- M&A transactions
- acquisition of shares in companies
- company acquisition (as a property complex)
- purchase of company’s underlying assets.
We counsel businesses in respect of corporate and antitrust issues in various sectors of the economy. Our lawyers have unique for the local market experience in legal assistance in investment projects, where they provide a full range of legal services at any stage of implementation of an investment project “from the scratch” as well as comprehensive legal support in different matters arising out of day-to-day company’s activities upon completion of such a project.
Moreover, our key advantage in the implementation of both investment projects and the implementation of mergers and acquisitions (M&A) is not only legal support and expertise on legal matters, but also consultations on the optimal management of business in Uzbekistan, including taking into account the excellent knowledge of the specifics of a particular industry market, industry nuances of ownership (for example, in trade, in the telecommunications and information technology, pharmaceuticals, real estate and construction etc.).
We firmly believe that each M&A transaction is unique in nature. Therefore, each such transaction requires special and full attention, an in-depth analysis, and meticulous expertise appropriate structuring.
Diplomat Law Firm’s services with regard to corporate and M&A practice include the following:
- Full legal support in M&A transactions, including expertise on each stage of transactions realization;
- Expert elaboration of optimal models of M&A transactions;
- Legal counseling at the stage of transactions structuring;
- Issuance of legal opinions on compliance with the legislation of Uzbekistan on specific issues;
- Legal assistance during negotiations;
- Due Diligence not only in respect of objects to be acquired, but also in respect of realized objects - shares, participating interests, a property complex, underlying assets, etc.;
- Assistance in obtaining necessary permits and consents for an M&A from the State antimonopoly body, as well as another matters related to the antitrust legislation;
- Legal assistance in securities transactions;
- Corporate management;
- Participation in corporate disputes, as well as pre-trial dispute resolution mediation;
- Complex representation of interests in court;
- Participation in the procedures of insolvency and bankruptcy of companies, etc.
Here are some of the realized «Diplomat Law Firm» projects on this practice:
- Counseling of the largest oil company CNPC from China on corporate governance of the newly established joint venture in Uzbekistan;
- Counseling representative office of largest gas giant Gazprom of Russian Federation in Uzbekistan on Corporate Affairs;
- Counseling and legal assistance of the Russian company "Inter-Press Group" in the acquisition of its stake in the Uzbek company specializing in publishing;
- Counseling and legal support of the largest investor in the automotive industry from India «MINDA CAPITAL LIMITED» on selling of Uzbek business to British investors;
- Counseling and legal support of the client in the acquisition of a stake of Uzbek company specializing in processing and exporting of cotton fiber by the large Swiss company;
- Counseling and providing legal support to the Embassy of the Oman Sultanate in Uzbekistan in the procedure of property acquisition;
- Counselling and providing legal support to Malaysian company «EVERGREEN FUTURE SDN. BHD» within the transformation of the enterprise with foreign participation in the enterprise with foreign investment - Joint Venture «CHROMOS PRODUCTION» on the production and sale of margarine products;
- Counseling and representing clients during the purchase from the Russian founder of its entire stake in the joint venture, specializing in the elaboration of non-metallic minerals;
- Counseling and providing legal support to a large project on M&A in the interests of a group of companies carrying out their business activities under the brand name BelRosSavdo on conducting of the due diligence of companies involved in such transactions;
- Counseling of the client on the sale of the property to the Embassy of the Republic of Korea in Uzbekistan;
- Representation of a client in the transaction for acquisition of the Malaysian company throughout its share of the British company «STAN INTERNATIONAL L.P.» in a joint venture specializing in the manufacture of food products;
- Counseling of a large audit company Marikon Audit on reorganization of their business in Uzbekistan;
- Counseling and representing the interests of the largest domestic insurance company "GLOBAL INSURANCE GROUP" on the acquisition of shares;
- Counseling and providing legal support to the client on the acquisition by the Russian founder of the entire stake in the largest specialized repair and construction organization SRCO «UPLANDER INDUSTRIES» LLC with establishment of the status of a foreign company;
- Counseling investors from Kazakhstan, who are shareholders of local commercial banks, on corporate governance in Uzbekistan;
- Counseling and providing full legal support to the Association of enterprises «AGROSANOATTEXYIG'ISH» and «AGROELEKTROMONTAJ», specializing in the construction and installation works, in order to bring its status and their constitutional documents in compliance with the legislation of Uzbekistan on business associations;
- Counseling and providing legal support to the client on the acquisition of share of the Russian founder of "METAL GROUP" LLC in a large joint venture JV «AQUAMARIN GROUP» LLC, specializing in the manufacture of soft drinks by the largest Canadian company «WESTCOM HOLDINGS LTD»;
- Counseling the Company "FRESH PRODUCTION" within the transformation of the company into an enterprise with foreign capital in entering an investor from the UAE;
- Counseling and providing legal support to the client on the acquisition of a major stake of Uzbek company specializing in the implementation of the gas meter and special equipment by the large Korean company;
- Counseling of client on the exit of Korean side JSC «YEON WOO IN Co., LTD» from the largest Uzbek-Korean joint venture JV «LEE BUILD TRADE» on plastic pipe production;
- Counseling and providing legal support to the client on the transformation of the company into an enterprise with foreign investment during entering an investor from Russia;
- Counseling a large Russian company on changes and additions to the constitutional documents and approval of the constitutional documents, respectively, in the new edition of the Uzbek-Russian joint venture;
- Counseling and legal support for the client on changes in the form of accession of «BOG'I-OROM-XIZMATI» LLC to the Uzbek-British joint venture "GREEN-MAX PLUS";
- Counseling and legal support of the client in a transaction involving the assignment of shares of the Uzbek-Russian joint venture, specializing in freight forwarding services and transport by a large Russian company;
- Counselling and providing legal support to FSC «CHINA» on entering changes in its founding documents in connection with the adjustment of exchange rates when making equity contribution by the founder.
Rendering services on legal support in implementing investment projects is also one of the key areas of practice of Diplomat Law Firm. The main task of this service is provision of warranty for legal safety of the project, preventing risks of arising of judicial and administrative disputes, conducting analysis of tax and antimonopoly consequences of implementing the project, by means of which the stability of project implementation is achieved.
Moreover, our key advantage in the implementation of investment projects is not only providing legal support and expertise on legal matters, but also conducting expert consultations on the optimal management of business in Uzbekistan by highly qualified specialists who have the excellent knowledge of the specifics of a particular industry market, industry aspects of ownership (for example, in trade, in the telecommunications and information technology, pharmaceuticals, real estate and construction etc.).
Specialists of our firm possess necessary knowledge and unique experience in assistance on implementing investment projects, and are capable of rendering legal support at all stages of development of investment projects, both implemented from “zero” - Greenfield Investments, and acting ones - Brownfield Investments.
Legal support of investments in founding new companies (Greenfield Investments) include:
- Сomprehensive analysis of investment climate;
- Selection of place for implementing investment project with the most favorable investment market trends;
- Representing the interests of Client by conducting negotiations with governmental bodies, companies and partners;
- Preparation of protocol of intentions and drafts of investment agreements;
- Settlement of corporate issues (establishing legal entity and/or accreditation of representative office, preparation of corporate documents, advising on recruitment of staff and etc.);
- Legal support during obtaining a land plot for implementation of investment project;
- Registration of ownership right for constructed facilities;
- Supporting investment project in terms of compliance with civil, tax, customs, antimonopoly, currency and other legislation.
Legal support of investments to acting projects (Brownfield Investments) include:
- Conducting Due Diligence of legal status of purchasing assets for revealing risks connected with their acquisition: company shares, immovable properties, including land plots, rights for the results of intellectual property (trade mark, patent and others);
- Legal support during acquisition of assets, including drafting contracts;
- Forecasting and analyzing commercial risks after acquisition of assets, development of measures for minimizing risks, analyzing and evaluating tax consequences of deals (contracts);
- Consulting on choosing measures of contractual interrelationship of client and contractors (such as joint activity, investment, franchising agreement);
- Settlement of legal relationship on land;
- Representing interests of investor at governmental bodies of various levels.
Here are some of the realized by specialists of Diplomat Law Firm projects of this practice:
- Counseling the largest distributor of Procter&Gamble in Russia - a group of companies "SMILE" on the investment project on business, as well as the establishment of trading house in Uzbekistan;
- Counseling and providing legal support for the establishment of companies with foreign investors from Georgia - Mobile Innovations in the field of telecommunications, intented to do business with the largest mobile operator in Uzbekistan Ucell on the establishment and development of dealer relations;
- Counseling the largest investor from Turkey - Atamak Company within the investment project to build a plant for processing agricultural products and the development of agro-industrial complex;
- Counseling the largest investor from India engaged in the pharmaceutical industry – Bravo Pharm Company on implementing its investment project involving the purchase of a pharmaceutical factory in the region and negotiations with Uzfarmsanoat;
- Counseling a group of Chinese investors on doing business in Uzbekistan in such areas as construction and organization of activities of sanatorium, guesthouses, and holiday houses;
- Counseling and full legal assistance of a Singaporean investor – VERIGROW PTE. LTD. on implementing a complex investment project in the textile industry in Namangan Region, Uzbekistan with the establishment of «VERIGROW IPAGI» foreign company in the form of LLC - (i.e. conducted negotiations with the Uzbek government, drafted an investment agreement, established a company, counseled on general corporate, customs and tax issues);
- Counseling one of the largest Chinese pharmaceutical companies on implementing its investment project in Uzbekistan, including, but not limited to setting up a joint venture in cooperation with Uzfarmsanoat;
- Counseling large Chinese, Indian, and Pakistani pharmaceutical companies on implementing their investment project in Uzbekistan;
- Counseling German, Russian, and Afghan investors on creating a large holding company and provided them with comprehensive legal support for their investment project;
- Counseling Singaporean investors on their gas chemical project in Uzbekistan, exercised due diligence and participated in negotiations of project agreements;
- Counseling investors from Ukraine on establishing a foreign enterprise specializing in import and export operations;
- Counseling an investor from the UAE on establishing a joint venture within the framework of its investment project.
Registration/Liquidation of companies
One of the constantly demanded and inseparably linked with the corporate practice and M&A services of Diplomat Law Firm is provision of legal assistance in establishing (opening) commercial companies under “turn-key” terms, including the companies with foreign capital in Uzbekistan as well as their liquidation.
In this regard our lawyers render the following services:
- Complex legal support of the registration procedure of businesses of a wide variety of legal forms including with the participation of foreign capital (JV LLC, FC LLC, SC LLC, JSC, LLC, PE and others)
- Participation in negotiations on behalf of one of the founders or group of founders at the time of establishing a company by two or more founders, and drafting memorandums of intention for establishing joint ventures or foreign companies;
- Drafting constituent documents of companies (charter, foundation agreement and etc.), as well as decisions (minutes) of founders about establishing company taking into account the many aspects of the current legislation;
- Support of the founders or their representatives in the notaries , assisting in notarization of translations, copies of documents, and so on;
- Registration of companies (legal entities) at authorized state bodies, as well as at the tax bodies and opening bank accounts;
- Full support of the liquidation procedure of companies under "turn-key terms".
In addition, one of our strengths in this area is the provision of services for registration of non-governmental non-profit organizations (NGOs), community organizations, associations and non-governmental educational institutions (NEU) under "turn-key" terms. We also support clients in making changes and alterations to the constituent documents of NGOs and NEU.
Here are some of the projects carried out in this direction:
- Counseling and providing legal support to an investor from Pakistan on establishing a company engaged in the light industry;
- Provision of full legal support to an investor from India – Bravo Pharm Company in establishing its pharmaceutical company for the further purpose of preparing its investment project in the territory of Uzbekistan;
- Provision of legal support to a Russian investor – «Inter-Press Group» Company in establishing a company specializing in distribution of and subscription to local and international periodicals;
- Provision of full legal assistance and counseling of a leading TV channel on establishing its subsidiary;
- Counseling of Miran International Hotel on registration and re-registration (making amendments to the constituent documents) of its subsidiary in Uzbekistan;
- Counseling of foreign investors from USA, China, India, Korea, Pakistan, and Russia on registering their businesses in Uzbekistan;
- Counseling uz, a large company producing filters for vehicles, on registration of its company in Uzbekistan, provided legal assistance in labor law, taxation; issued legal opinions to its contract, etc.;
- Counseling a Russian investor – «GENERATSIA NEFTEHIMICHESKOE OBORUDOVANIE» LLC on establishing its subsidiary «GENERATSIA VOSTOK» which specialize in import and sale of petrochemical equipment;
- Counseling and providing legal support to an investor from Spain «NVIA GEST DAT, S.L.» on establishing a company specializing in telecommunication services as well as on licensing for data transmission networks services.
- Counseling and legal assistance for the establishment of such non-governmental educational institutions (NEU) as NEU «CONCORD LITE», NEU «INTERNATIONAL BUSINESS STUDIES», NEU «JEMCHUJINA ZNANIY», as well as the reorganization of NEU «BULOQCHA».
Opening representative offices
Representative offices are separate subdivisions of a foreign company on the territory of Uzbekistan. Although acting legislation of Republic of Uzbekistan contains conception of “branch of a legal entity”, in practice the term is applicable only to the limited number entities such as banks, higher education establishments and etc.
Representative offices protect and represent interests of the foreign company, may conclude transactions and other legal acts on behalf of that foreign company in the territory of Uzbekistan. At the same time representative offices do not have any power to carry out business or any commercial activities.
One of the services of Diplomat Law Firm is providing legal support to the foreign companies in accreditation of their representative offices in Uzbekistan.
We provide the following services in this direction:
- Legal support in accreditation procedure of representative offices of foreign companies in Uzbekistan, including their registration within tax authorities and opening their bank accounts;
- Drafting all necessary documents for accreditation including application, regulations about representative offices of companies, as well as power of attorneys for the head of representative office;
- Receiving accreditation cards for foreign personnel of the representative office;
- Providing legal support procedure of prolongation of accreditation representative office as well as its liquidation procedure.
Completed ProjectsFollowings are some of the completed projects of this practice:
- Counseling a major airline company of the Czech Republic «CZECH AIRLINES j.s.c.» on accreditation of its representative office in Uzbekistan;
- Counseling and provding legal support to Chinese company Jiangsu Muyang Group Co. on procedures accreditation and liquidation of representative offices in Uzbekistan as well as concerning to accreditation of representative office of its affiliated company Muyang Co. Ltd.;
- Providing legal support to Chinese company Sinochem Group on prolongation of accreditation term of its representative office in Uzbekistan;
- Counseling and legal support to foreign companies from
- the USA,
- Hong Kong,
- the UK.,
- the UAE
- Turkey on accreditation of representative offices in Uzbekistan.
 It would be correct to use term “accreditation” than “opening” or “registration” because Uzbek legislation applies only the former term in respect to representative offices of foreign companies.
Permanent Legal Support
Diplomat Law Firm renders “Permanent Legal Support” of the company. This service is the most optimal decision to business entities, which always and gradually provides confidence in observance of legislation and protection of the business.
Permanent legal support from Diplomat Law Firm is an optimal correlation of price and quality. In case of having by a company one or two in-house lawyers, there is no guarantee that the lawyer is well versed in all areas of business law, while in our case a whole staff of the law firm works for your company with specialists in all key practices, behind which the vast experience in their areas!
Permanent legal support might include the provision of services covering a number of areas (blocks):
Block A. Legislation
- Provision of regulatory material and background information (with the latest amendments to the legislation of Uzbekistan) in paper or electronic form;
- Timely notification of any changes in legislation affecting the interests of clients in the field of operation;
- Monitoring of the legislation of Uzbekistan on the subject of client's interests.
Block B. General counseling
- Provision of verbal and written advice on the current legislation of the Republic of Uzbekistan, in particular, civil, corporate, administrative, contract, labor, land, law, tax and customs law, private international law, on currency regulation, etc .;
- Preparation and submission of counsel requests to various organizations and institutions, including public authorities and, departments and agencies of Uzbekistan;
- Preparation of legal documents of different nature (inquiries, letters, memos, founding documents, and etc );
- Legal due diligence and analysis of documents;
- Services of the legal analysis of a particular dispute or situation.
Block C. Legal support of transactions
- Drafting of contracts and agreements;
- Legal analysis of the proposed agreements and contracts;
- Review of contracts and, in cases required by law, the provision of legal opinions on them;
- Check legal capacity of counterparties;
- Preparation and legal examination of contractual models;
- Assessment of the legal risks of the transactions, including the preparation of a comprehensive legal support on the conclusion of transactions;
- Participation in negotiations with counterparties on matters related to contracts with the essential conditions, rights and obligations of the parties with the performance of the contract, as well as the termination of the contract;
- Control over the proper execution of transactions;
- A comprehensive legal support of transactions;
- Preparation of internal base of contracts and maintain it in good condition (making the necessary changes in the relevant agreements).
Block D. Corporate
- Analysis of the Client’s current system of corporate governance in order to maximum optimization;
- Provision of legal counseling on stage of structuring of corporate governance system;
- Range of legal services on holding general meetings, shareholders' meetings, drafting protocols (decisions) of their conduct in accordance with the law, etc.
Block E. HR documentation
- Legal counseling on employment law;
- Due Diligence of HR administration and its preparation in accordance with the law;
- Drafting employment agreements (contracts) and labor agreements with employees;
- Preparation of the necessary orders (for employment, dismissal, etc.);
- Analysis and preparation associated documentation files (internal regulations, staffing, etc.).
Block E. Representation
- Participation in negotiations with contractors on behalf of clients, including maintaining of all correspondence with them;
- Maintaining the process of claim disputes with contractors and other organizations (drafting of claims, requests, demands, etc.);
- Representing the interests of Your Company in a variety of organizations and institutions, including and state bodies, departments and agencies of Uzbekistan, as well as maintaining of all correspondence with them;
- Legal assistance during the conduction of inspections or other control measures by the public authorities;
- Appealing the actions or decisions of public officials in case of necessity;
- Legal representation in courts;
- Representing clients in the enforcement proceedings.
Here are some of the realized by «Diplomat Law Firm» projects of this practice:
- Counseling of CNLC Petroleum, a Chinese-owned company in Uzbekistan, on matters in labor issues, taxation, legal opinions to contracts, etc.);
- Counseling Lazzat Karamel, a company producing caramel products, on taxation, import and export operations, customs regulation, labor law, and other matters; issued legal opinions to its contracts in respect of their compliance with the existing legislation.
- Counseling and comprehensive legal support of the Center of Health development «UZMEDINFO», including preparation of legal opinions to the contracts on compliance with the current legislation, as well as counseling on taxation, corporate law, labor law and other issues;
- Counseling and comprehensive legal support of large enterprise in system of Uzbekenergo -JSC «O’ZBEKENERGOTA’MIR» and its subsidiary;
- Counseling and comprehensive legal support of the largest provider of telecommunications services «Sunet Technology», including the preparation of legal opinions to the contracts on compliance with the current legislation, advising on corporate law, M&A, on taxation, contract law and other matters;
- Counseling and legal assistance of foreign subsidiary «CHINA» on all matters of current activity;
- Counseling and comprehensive legal support of «Iroda Film» LLC, specializing in the manufacture of video and film production;
- Counseling and comprehensive legal support of interests of the group of the companies of Russian founder - "Inter-Press Group" on various aspects of corporate law, M&A, contract law, taxation, litigation issues, and etc.
Legal consulting of companies related to completeness and accuracy of tax payments and other mandatory payments, as well as carrying out tax optimizations, is one of the areas of activity of Diplomat Law Firm.
In order to minimize arising of possible disputes with tax bodies the specialists of our law firm can:
- Respond to all your questions regarding choosing of appropriate tax regime, payment of taxes and obligatory payments, as well as using incentives granted by tax legislation;
- Analyze your transactions to conformity of acting legislation and possibly tax risks. sand provide legal opinions for them, if needed;
- Carry out legal Due Diligence to find out whether your activity of the company complies with tax legislation.
In addition, our law firm’s specialists can render the following services:
- Provide legal support during tax inspection process with the aim to prevent infringing your rights by tax inspectors, and prevent lop-sided approach by the latter while resolving arisen disputes on accuracy payment of taxes and other obligatory payments;
- To assist in preparing rejoinders to acts (decisions) of tax authorities and hold talks to settle arisen disputes at pretrial order;
- To represent and defend your company rights at tax and judicial bodies.
Here are some of realized by Diplomat Law Firm projects:
- Counseling on tax and corporate issues a Japanese-British consortium implementing its projects financed by Asian Development Bank loans;
- Representing and defending interests of a foreign bank in resolving of dispute with tax authorities;
- Representing a major Chinese Petroleum company at tax inspection procedures, and defending company interests at fiscal agencies;
- Counseling investors from Germany, Russia, and Afghanistan on taxation issues arising in connection with establishment of a large holding company;
- Counseling a large pharmaceutical company from China on taxation issues arising in connection with implementation of its investment project in Uzbekistan and establishment of its joint venture with Uzfarmsanoat;
- Counseling Ukrainian investors on taxation issues arising in connection with establishment of a joint venture specializing in import-export operations
- Counseling British company - «STAN INTERNATIONAL L.P.» on taxation issues during the acquisition of full stake of Malaysian company in their joint venture specializing in the manufacture of food products.
- Counseling Russian company "Inter-Press Group" on taxation issues during reorganization of its local subsidiary company specializing in publishing business.
Finance and Securities/Banking law
Our specialist knowledge and thorough expertise coupled with understanding of our Сlients needs enable us to advice across the full spectrum of finance and securities transactions as well banking regulations issues.
We provide advice to corporate borrowers and issuers, banks, insurance companies, investment funds and other financial institutions. Our individual approach to each issue is guided to elaboration of the most efficient solutions.
Finance and securities expertise at Diplomat Law covers:
- corporate finance
- asset finance and leasing
- project finance
- real estate finance
- securities issuance and trading.
Under this expertise Diplomat Law Firm primarily renders the services of counseling at any stage of a finance transaction with emphasis on elaboration of structured and tax-effective schemes; and assistance in obtaining regulatory approvals and permits.
As part of the Banking law issues Diplomat Law Firm offers a wide range of services covering various financial needs of our customers - from general issues to comply with banking laws and regulations, and simple loans to structured finance. Our lawyers have participated in a number of complex financing transactions carried out by foreign investors in Uzbekistan.
This area includes the following our services:
- primary and secondary loan
- asset-based lending
- syndicated loans
- regulation of banking activities
- currency regulation and others.
Here are some projects realized by Diplomat Law Firm:
- Counseling one of the largest Russian airline companies on securities and collateral regulations issues in Uzbekistan;
- Counseling an Icelandic financial institution on debt restructuring process and securities regulation issues in Uzbekistan;
- Counseling one of the major the Russian airline companies on currency regulations issues in Uzbekistan;
- Counseling a leading Russian bank on extending loans to a foreign borrower involved in implementation of a gas and oil project in Uzbekistan;
- Counseling national and foreign banks on regulatory matters.
One of the important practices of «Diplomat Law Firm» concerning to comprehensive security of business is the provision of legal services in customs law.
Our lawyers are ready to provide a full range of services to support customs inspections, appeals from customs authorities in the administrative procedures, as well as to represent client interests in judiciary.
Services of this practice include:
- Counseling on customs legislation regarding to the adjustment of customs value of imported goods, including the choice of the method and structure of the customs value;
- Representing of clients in customs bodies, as well as protection of their rights in the economic court (arbitration) at any stage of the process;
- Providing consultations and preparation of legal opinions on the compliance of contracts to the existing customs legislation;
- Advice on customs regulation issues regarding to organization of the customs warehouse;
- Comprehensive legal services for import and export transactions as well as on re-export of goods;
- Counseling on the inclusion of royalties to the customs value of imported goods.
Here are some of the realized by Diplomat Law Firm projects:
- Counseling of a major importer of household appliances on customs issues related to adjustment of a customs value of imported goods;
- Counseling of a major domestic company importing computer equipment on customs issues related to organization of customs warehouse;
- Counseling of Prima Textile, a large textile company, on taxation, import and export operations, customs regulation, labor law, and other matters; issued legal opinions to its contracts in respect of their compliance with the existing legislation;
- Counselingof a leading Canadian producer of drilling tools and equipment for mineral exploration on re-export regulations and dispute resolution;
- Counselingof a major manufacturer of sausage and meat products on customs issues related to removal of imported equipment;
- Counselingand legal assistance of an Uzbek-British joint venture «GREEN-MAX PLUS» on customs law and importing equipment for its own use;
- Counseling ofa major bank and insurance company from Ukraine on issues related to import and export of goods;
- Counseling ofa Russian producer and importer of equipment for the petrochemical industry on issues related to importation of equipment and vehicles for its own use.
Diplomat Law Firm has a reputation of a professional and reliable partner that represents clients’ interests in majority of commercial disputes. Highly rated litigators of the firm represent clients in litigation at different levels of economic courts of the country and at arbitration courts.
In addition, the key advantages of our team in this practice are the following.
Firstly, we have always been supporters of settling a dispute by means of alternative dispute resolution (mediation). That is why people are coming to us to get legally appropriate and economically justified solutions of complex issues. Presence of our lawyers at negotiations ensures to hold discussions within legal framework preventing strengthening of a conflict situation and guarantees to our clients legal appropriateness of agreements reached.
Secondly, there is a narrow specialization even within this practice. In particular, the litigation practice is conducted by our experts on:
(1) commercial litigation (arbitration)
(2) civil matters
(3) criminal matters
Such specialization, unquestionably providing the most favorable success of each case. Each area of litigation practice, whether commercial litigation, civil or criminal matters, has its own peculiarity about which know only highly qualified professionals.
We are involved in resolving of such disputes, as:
- Debt collection;
- Tax Disputes
- Customs disputes
- Corporate disputes
- Disputes with the competition authority
- Labor disputes
- Disputes in the field of intellectual property
- Real Estate disputes
Here are some of the projects realized by Diplomat Law Firm in this area:
- Representing interests of the largest local construction company Interlegno in dispute with a company-debtor in economic court;
- Representing of a big insurance company in handling a case connected with illegal termination of its license;
- Providing legal support to subsidiary of Canadian company FC «JSK Group EXPO», during the pre-trial procedures related to issues of ownership and use of land plot;
- Representing of a large domestic pharmaceutical company in resolving of dispute in connection with additionally charged customs duties as a result of customs value adjustment;
- Representation interests of the German investor in economic court on resolving tax dispute concerning its joint investment project carried out in textile business in one of the regions of;
- Representing "Elektronstroy Service" LLC (Ukraine) on enforcement of decision of the Economic Court;
- Representation interests of a major domestic pharmaceutical company in resolving the dispute concerning with confirmation of time of proper payment and fact and timely acceptance of goods, as well as the date of the actual payment;
- Representation interests of a major importer of household appliances, which is a part of a group of companies carrying out their business activities under the brand name BelRosSavdo, in court during its dispute arising out of adjustment of a customs value of imported goods;
- Representation of a large joint venture specializing in import and sale of computer and office equipment in its dispute arising out of the Debt Assignment Agreement;
- Representation of a large company in its dispute arising out of the withdrawal of one of the participants from the LLC (a limited liability company);
- Representation of a large company (which is in the system of Uzbekenergo) in its dispute arising out of the sale of other company's shares during the secondary public offering;
- Representation of a local major mobile operator in its dispute concerning withdrawal of one of its participants from the company;
- Representation of a large company in Chemical industry concerning to cancellation of decision of State tax authority on overcharging taxes and fine for late payment. Representation of a large company at a pre-trial dispute settlement procedure on resolving its dispute concerning to breach of contractual obligations by its counterpart on equipment supply from the Austrian producer of alcohol and refreshment beverages;
- Representation in court a major foreign textile manufacturer in its dispute with the State Fire Safety Authority;
- Representation an Uzbek-Turkish Joint Venture «UZTURK CORPORATION» in defending its ownership rights to the real estate;
- Representation a U.K. company «Primton Holding Corporation» in resolving of its dispute arising out of export of vermiculite from Uzbekistan;
- Representation a large Russian cotton yarn exporting company «Korus» LLC in economical, criminal, and civil courts to resolve its dispute with the counteragents;
- Representation of a major provider of telecommunication services in its dispute concerning to cancellation of decision of State tax authority on overcharging taxes and fine for late payment, including representation in economical court and criminal proceedings;
- Representation a of large Russian company, producing hard cutting tools, to resolve its dispute with Uzbek special equipment manufacturer on recovering of receivables;
- Representation of a large foreign bank in Uzbekistan in resolving its dispute with local tax authorities on cancelling of imposed fine;
- Representation of a client in civil proceedings concerning to recognition of transaction on gratuitous assignment of shares of the founder as a void and cancellation of subsequent state registration of changes entered to the constituent documents of the company.
Licensing/Work Permits and Visas
«Diplomat Law Firm» renders a wide range of services on providing of legal support of licensing procedures of companies in Uzbekistan. For example, providing legal support in obtaining of licenses for pharmaceutical activities, activities in oil and gas producing industry, activities in the field of telecommunications, road transport, wholesale activities, licensing of the sale of petroleum products at gas stations.
This area also includes services for obtaining various permits (permits for construction and assembly work, printing companies, and others).
Resident companies which carry out entrepreneurial activities and intend to recruit foreign personnel (i.e. to conclude a labor contract with them) should obtain an appropriate work permit before such recruitment. Labor legislation has certain exceptions, when obtaining of such work permit is not required.
In this regards Diplomat Law Firm renders services in preparation of documents for obtaining (renewal of) work permits to foreign citizens to carry out labor activities in Uzbekistan.
Moreover, our lawyers assist its clients in obtaining (renewal of) entry business visas to Uzbekistan.
Specialists of Diplomat Law Firm rendered legal services to many companies in obtaining of various licenses and permits, including:
- Counseling a Chinese petroleum company in obtaining and renewal of work permits for its foreign employees;
- Counseling a Vietnamese petroleum company in obtaining and renewal of work permits for its foreign employees;
- Counseling an Indian company which engaged in automobile industry in obtaining and renewal of work permit for its foreign employees;
- Counseling a Spanish telecommunication company «NVIA GEST DAT, S.L.» in obtaining a work permit for its foreign employees;
- Counseling providing legal support to Russian oilfield services company «GENERACIYA NEFTEHIMICHESKOYE OBORUDOVANIYE» in obtaining a work permit for its foreign personnel;
- Counseling and preparation of a set of documents for obtaining a business visas for employees of foreign subcontractors working within the framework of investment projects.
Criminal-legal security of business
As a part of the judicial practice «Diplomat Law Firm»
Criminal-legal security of business recently obtained special significance for the protection of the rights and legitimate interests of companies and their officials, as well as their employees. Not only a deep knowledge of the essence of criminal law and criminal procedure, but most importantly, possessing practical knowledge implementing their rules would be reliable support to every business in terms of providing its criminal legal security.
As a law firm, «Diplomat Law Firm» has partners with the status of advocates in team who have a huge experience in resolving criminal law matters.
We advise on the most complex criminal cases, identify the risks of criminal law nature in conducting business activities.
In addition, this practice specialists provide legal support to clients (trustees) at all stages of the criminal justice system in Uzbekistan, starting from the inquiry, preliminary investigation, litigation and enforcement proceedings.
Here are just some of the projects implemented in this direction :
- Representation of the interests of the largest provider of telecommunications in Uzbekistan during preliminary investigations in the General Prosecutor's Office of the Republic of Uzbekistan concerning to protect the rights and legitimate interests of managers and employees of the company services;
- Counseling and protection of the rights and legitimate interests of the head of a large company, specializing in the production and sale of bakery goods, in the preliminary investigation of the General Prosecutor's Office of the Republic of Uzbekistan including preparation of all necessary documents;
- Representation of interests and protection legitimate rights and interests of a foreign citizen who was declared to the international arrest warrant and charged on committing embezzlement in a large scale;
- Counseling and providing legal support to the client in various governmental agencies, including at law enforcement agencies, with the preparation of all necessary documents concerning to the case arising in connection with the improper performance of obligations by the contractor – a foreign company, which allegedly committed fraudulent actions;
- Counseling a client on issues concerning to criminal acts committed by some foreign citizens in the territory of a foreign state in the form of forgery of documents in order to seize funds in a large scale.
Labor law issues in Uzbekistan is one of the most actual issues for each company and the employee, especially for companies with foreign capital. Frequently a lot of questions arise on the contents of the employment contract, payment of wages, paid and unpaid vacations, as well as labor disputes.
Lawyers of «Diplomat Law Firm» try to settle most labor disputes through negotiations and conciliations.
We provide complex approach to resolve all labor relations in the company, counsel clients in all matters of employment law, and, essentially we develop recommendations on the optimal use of labor law norms considering specifics of activities each company.
Our services in this practice include:
- Providing legal advice on employment law issues
- Providing due diligence of HR administration, performing it in conformity with acting legislation
- Development of labor agreements (contracts) with employees
- Preparation of the necessary orders (for employment, dismissal, etc.)
- Analysis and preparation of supporting documentation (internal regulations, staffing, etc.)
- providing legal support in recruitment of a foreign personnel
- Outsourcing and out staffing of personnel
- Occupational Safety and Health
- Liability and compensation for damages
- Protection of confidential information
- Providing legal support in resolving of labor disputes in court and out of court.
Some of the completed projects of this practice:
- Counseling a major airline company of the Czech Republic «CZECH AIRLINES j.s.c.» on employment law issues of employees of its representative office in Uzbekistan;
- Providing legal support to the Indian pharmaceutical company «Glenmark» during the procedure dismissal of its employee in representative office of the company in Uzbekistan (termination of employment contract), as well as counseling on the judicial consequences of such actions;
- Counseling the hotel Miran International on various labor law issues;
- Counseling and providing legal support to the Russian oil services company "GENERACIYA NEFTEHIMICHESKOYE OBORUDOVANIYE" on the recruitment of staff to set up its foreign enterprise «GENERATSIA VOSTOK»;
- Counseling and providing legal support to Spanish company «NVIA GEST DAT, S.L.» on various aspects of labor law due to the establishment in Uzbekistan service company in the field of telecommunications - «DATA MESSAGE» LLC;
- Counseling foreign investors from the USA, China, India, Korea, Ukraine, Pakistan and Russia on labor law issues;
- Counseling the investor from Turk – Atamak Company on various labor law issues within performance of investment project on construction of agricultural products processing plant and development of agriculture sector, as well as opening of its representative office in Uzbekistan
Diplomat Law Firm has extensive experience in drafting, and reviewing of various contracts, from regular sale and purchase contracts to complex cross-border transactions and investment projects. We insist on and strongly recommend that all our corporate and business clients to conclude agreements of any scale in written form. We ensure that contracts, which are signed by our clients, protect their interests.
We represent our clients throughout the entire contracting procedure, including counseling clients on legal implications and assessing risks associated with certain transaction, holding negotiations with contracting parties concerning to terms and conditions of a contract at issue in order to achieve clients’ objectives, reviewing and drafting of necessary legal documents, and assisting in contract closeout procedure.
Diplomat Law Firm’s legal services thereupon include, but not limited to the following:
- complex sale and purchase agreements, service and agency agreements;
- loan and pledge agreements (including mortgage);
- partnership or joint venture agreements;
- investment agreements;
- employment contracts;
- lease agreements;
- other contracts and agreements concerning to any ongoing business operations.
Followings are some of the realized by Diplomat Law Firm projects of this practice:
- Drafting and expertise of agreements for «Sunet Technology» LLC for providing content-provision services
- Holding negotiations, reviewing, and drafting of an investment agreement along with other legal documents for a Singaporean investor – VERIGROW PTE. LTD on implementing its project in Namangan region (Uzbekistan) for construction, development, operation, and management of a modern production facility for silk worm breeding, reeling, weaving of silk yarn, and processing of waste silk;
- Reviewing and drafting of pledge agreements for a leading Russian bank in relation to implementation of a gas and oil project in Uzbekistan;
- Providing legal expertise of a subcontract agreement for a major Korean engineering and construction company engaged in a gas-chemical project in Uzbekistan;
- Reviewing and drafting of employment and agency agreements for a Czech airline company;
- Examination of the distributorship agreement of the Indian pharmaceutical company «Glenmark»;
- Drafting of dealer contracts, and contracts for the sale of goods on credit for Georgian telecommunications company Mobile Innovations within the dealership relations with Uzbek mobile operator Ucell;
- Drafting and reviewing of contracts in the interests of a group of companies carrying out their business activities under the brand name BelRosSavdo