Ardak Idayatova is a Partner in the Almaty office. She focuses on commercial arbitration and litigation, as well as public-private partnership and real estate.

With more than 20 years of experience, Ardak has provided expertise and all-round support to major infrastructure projects, primarily representing foreign investors, international development banks and foreign contractors. Additionally, Ardak represents and provides expert assistance to clients in foreign commercial arbitrations, mainly in connection with construction disputes arising from different contracts based on FIDIC models (among others, Red Book, Yellow Book and Pink Book contracts). She has also participated in arbitrations seated in Stockholm, Paris and London under the ICC, UNCITRAL, LCIA and SCC rules, as well as in local arbitrations. 

RECENT ENGAGEMENTS INCLUDE ADVISING*

INFRASTRUCTURE & PROJECTS

• KAZAKHSTAN'S FIRST CONCESSION PROJECT of special significance for the construction and operation of the Big Almaty Ring Road (BAKAD) financed by international development banks (EBRD, EDB and IsDB)
• AN INTERNATIONAL COMPANY specialising in LED design, multimedia and statistics solutions for sports venues in litigation in Kazakhstan against the City of Astana in connection with a dispute on the termination of a PPP Agreement
• THE WORLD LARGEST MANUFACTURER OF STEAM TURBINES on a wide range of issues relating to construction of a power plant in Kazakhstan
• A LEADING MANUFACTURERS OF WIND TURBINES on a wide range of issues associated with the construction of a wind power plant in Almaty Oblast
• A CHINESE INVESTOR on a wide range of issues involving construction and operation of a solar power plant in Kyzylorda

CONSTRUCTION DISPUTES

• A RENOWNED ITALIAN CONSTRUCTION COMPANY in international arbitration under the International Chamber of Commerce (Paris) v. Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan in connection with a dispute arising from the performance of a construction contract (FIDIC Pink Book) entered into with the Government of the Republic of Kazakhstan and financed by the European Bank for Reconstruction and Development
• A RENOWNED CONSTRUCTION COMPANY in international arbitration under the Stockholm Chamber of Commerce in connection with a dispute arising from a construction contract (FIDIC Red Book, 1999) entered into with the Government of the Republic of Kazakhstan and financed by the European Bank for Reconstruction and Development
• THE LOCAL SUBSIDIARY OF A MAJOR INDIAN COMPANY active in design and construction (as a contractor under a contract with Agip Kazakhstan North Caspian Operating Company) in a number of judicial disputes relating to different contracts for construction (including design and procurement) of an oil and gas export pipeline as part of a pilot program of the Kashagan field development
• AN INTERNATIONAL DIVERSIFIED COMPANY specialising in management and design on several disputes relating to the construction of a large multipurpose complex in Astana (Kazakhstan) under a contract based on the FIDIC Yellow Book (1999)
• A LEADING WORLD SUPPLIER OF ELECTROMECHANICAL EQUIPMENT FOR HYDROELECTRIC POWER STATIONS on a dispute arising from a contract for the supply and installation of electromechanical equipment under a contract based on the FIDIC Yellow Book (1999)

COMMERCIAL DISPUTES

• THE LARGEST THREE BANKS OF THE REPUBLIC OF KOREA in several litigation proceedings in Kazakh courts in connection with the default of the borrower and the guarantor for a loan extended by the banks for the construction of a multipurpose residential complex in Almaty
• THE LARGEST KAZAKH CONSTRUCTION COMPANY on a litigation against the state authority and the largest Kazakh bank in connection with a dispute arising from a construction contract and unlawful enforcement of the bank guarantee
• A LEADING KAZAKH BANK on an international arbitration in London under UNCITRAL rules in connection with a dispute arising from a services agreement and involving issues under English, U.S. and Kazakh laws
• A TURKISH BANK acting as a creditor on the intricate cross-border restructuring of the debts of a major local bank
• A SINGAPOREAN COMPANY on the issues of invalidation of transactions and tort obligations under Kazakh law in connection with a dispute considered by an English court, which arose under a fraud claim, and invalidation of transactions involving the illegal sale of assets in Kazakhstan by the former company management

REAL ESTATE & CONSTRUCTION

• A LARGE SWISS OIL SERVICE COMPANY on the preparation of a contract for the construction of facilities at a major Kazakhs oil and gas field and adjustment of the FIDIC model contract (Red Book, 1999) to the local legislative requirements
• Drafting of a contract for the construction of a gas pipeline for the operation of lubricating oil production plant for a major Russian oil company. Development of a complicated scenario of legal relations among the customer, general contractor and subcontractors, whereby direct control over the subcontractors' work could be exercised by the ordering customer
• A LARGE KAZAKH COMPANY on the preparation of a Consortium Agreement and EPC Contract for the implementation of a major project for the construction of distribution centres, including legal assistance in structuring the relationship of the parties, taking into account the set of obligations, specific features of legal regulation in the field of PPPs, civil and tax legislation
• A MAJOR FOREIGN INVESTOR regarding the legal regulation of the acquisition of rights to agricultural-designated land plots and the possibility of their recovery in the framework of bankruptcy and enforcement proceedings and issues of entering into joint operating agreements with peasant farms and associated risks

*Experience prior to joining Kinstellar.

EDUCATION

• 1999: Kainar University, Kazakhstan, LL.B.

PROFESSIONAL AFFILIATION

Kazakhstan Bar Association, Chairman of the Commission to Exercise Control over the Bar Members' Activities

LANGUAGES

Kazakh, English, Russian