LEGAL ADVISORY

Full Outsourced Support

Ekvita's attitude to client support is best illustrated by its uniquely tailored fully outsourced legal support, some of which are listed here by way of example only:

• Represented Korea's largest IT corporation on a $150 million Government telecommunications project – installation of Intelligent Transport System in Baku, Azerbaijan. Ekvita covered all legal, tax and finance support to the Project. We were involved from the start through to the project completion, and played critical role in resolving all negotiations disputes with the Regulator, the Ministry of Transport.
• Acted as a local counsel for a major US marine operations company supplying and operating three boats in the Caspian Sea engaged in multi-PSA marine operations. Ekvita's roles included full legal, and subsequently, tax accounting work for several years.
• Acting as a local legal, tax and finance function for Norway's second largest company operating in Azerbaijan in the oil and gas industry. Ekvita covers full legal, tax and finance support.
• Providing fully outsourced legal support to the largest ski mountain resort project in Azerbaijan.
• Providing fully outsourced legal support to Caspian International Investment Company established by the Islamic Corporation for Development of Private Sector (ICD) and the Azerbaijani Government.

Oil & Gas

We have by far one of the best expertise in the local market on oil and gas projects and have developed unique knowledge- base on peculiarities of Azerbaijan's energy law and regulation. We are actively engaged in public and community events relating to oil and gas initiatives, such as sponsoring and conducting first international oil and gas conference; conducting ad hoc seminars, summer schools and workshops. Some of our works highlights include:

• Represented BP since 2008 on developing HR and Migration policy, litigation, corporate re-structuring, major contract negotiations on construction, marine operations and well services; acted as full time in-house support over a long term.
• Representing Statoil on corporate matters as well as litigation, employment and migration issues.
• Acting as fully outsourced legal function to Petronas – Malaysia's largest energy company.
• Advised the largest foreign oil company in Azerbaijan on its $800 million litigation in a foreign jurisdiction.

Corporate and M&A;

Assisted many foreign investors in significant corporate, M&A; and due diligence deals, including:

• Representing AIG on its M&A; and corporate governance projects in Azerbaijan.
• Incorporation and acquisition of the first pharmaceutical plant in Azerbaijan, negotiation of share schemes, shareholders' agreement, due diligence and other pertinent features of the project. .
• Acted as a legal counsel for a major government ski resort and construction project, including its full restructuring in line with the new regulations on public legal entities.
• Advised the largest cement producing plant on obtaining a mining license for sub-soil activity and on environmental permits and licenses.
• Advised International Finance Corporation (IFC) on development of corporate governance standards.
• Advised Korean's largest construction entity – Korea Land Corporation - on a major land acquisition, mortgage and construction development project.

Banking & Finance

Some of our representative work highlights in the banking & finance sector are listed below. In addition to our strong presence in convention banking, Ekvita is also a leader on Islamic banking products.

• Acted as a legal expert in New York court on a $3.3 billion debt restructuring case representing IBA - the largest commercial bank of Azerbaijan.
• Acted as a legal counsel for a New York based bank in registering mortgage over a $30 million vessel operating in Azerbaijan.
• Advised the largest bank of Azerbaijan on international financing agreement in the amount of $9.5 million.
• Advised a leading Azerbaijani bank on several lines of financing for import trade financing transactions (Murabaha) with the International Islamic Trade Financing Corporation (ITFC) in the amount of $3.5 million.
• Prepared full suite of documentation for a subsidiary of Islamic Corporation for Development (ICD) on establishment of the first Islamic insurance (Takaful) company in Azerbaijan.
• Acted as fully outsourced legal counsel for Ansar, the only leasing company in Azerbaijan operating on the principles of Islamic Finance (part of ICD).
• Advised several banks in Azerbaijan on several other products of Islamic finance (Murabaha, Vakala, Ijaraah etc).

Employment & Migration Law

For several years in a row, Ekvita has been recognised by leading ranking institutions as one of the leaders in employment and migration practice. The following of a sampling of our expertise in this practice area:

• Advised several international recruitment and manpower agencies on complexities of employing expatriate workforce, requirements for obtaining permits and licenses, documentation formalities etc.
• Advising UK's major chemical services provider on re-establishment of its employment practices (over 130 employees) to achieve cost savings and ensure regulatory compliance.
• Advised major US company in first introduction of corporate share buy-back scheme for its local employees in Azerbaijan.
• Advised world's leading manufacturing company operating in Azerbaijan on regulatory compliance in connection with its employment practices.
• Developed employment and migration policies and systems for international energy company and one of the largest employers in Azerbaijan.
• Advised a number of foreign companies on migration laws and obtained more than 2000 work and residence permits for foreign business persons working in Azerbaijan.
• Proposed series legislative improvements to current labour and migration laws of Azerbaijan via American Chamber of Commerce and other initiatives.

Contracts

We approach contract drafting and negotiation as a legal science and opportunity to defend the client's interests in the best way possible. Some of our contract drafting and negotiation experience are unique in its nature. Work highlights include:

• Representing a foreign investor in drafting and negotiation of a Production Sharing Agreement (PSA) with respect to onshore mining field in Nakhchivan region of Azerbaijan.
• Prepared and negotiated a unique offshore rig sharing agreement for multi-PSA operations in the Caspian Sea – currently, the only agreement of this type in the region.
• Advised BP Azerbaijan on a multi-PSA offshore platform drilling contract.
• Advised the largest foreign company on different types of performance securities for a $400 million operations contract.
• Advised the Government of Azerbaijan on construction and acquisition of three boats for public use.
• Drafting new Solid Waste Management legislation for the Government of Azerbaijan in line with EU standards
• Proposing legal and institutional recommendations, drafting model law and amendments relating to Food Safety Control – EU Project for the Government of Azerbaijan.

Infrastructure, Constrcution & Real Estate

Some of our major assignments in infrastructure and construction projects include:

• Acting as fully outsourced legal service provide for a major ski construction and resort operation project in northern Azerbaijan.
• Advising a German construction engineering and supervision company engaged in a landmark construction project – Baku Convention Center.
• Advised major construction company on legal due diligence, tax planning and corporate structuring in connection with the construction of the Crystal Hall for Eurovision 2012 song contest.
• Acted as lead counsel in negotiating of several construction and installation contracts in connection with the Intelligent Transport System project, including the construction of its main office in downtown Baku.
• Representing TechnipFMC in the upgrade and reconstruction of SOCAR polymer plant project
• Assisting Azerbaijani State Railway Enterprise to improve corporate asset management policy.

Litigation

Our litigation experience includes not only domestic litigation practice but also several landmark cases in UK and US courts as well as recognition and enforcement cases in Azerbaijan. Key highlights are:

• Successfully represented an American company in circa $2.5 million litigation in Azerbaijan.
• Advised major oil company on its $0.8 million litigation in a foreign (Cayman) jurisdiction.
• Acted as legal expert in New York court and as foreign legal witness in UK for the largest commercial bank of Azerbaijan.
• Represented prominent French entrepreneur in recognition of foreign (Belgium) court ruling in Azerbaijan.
• Successfully represented a UK company in a major controversial employment litigation in Azerbaijan.

Intellectual Property Rights

In IP practice includes not only routine IP rights registration and enforcement but also cooperation with major international and regional players.

• Representing a major USA title owner in the significant trademark registration and protection proceedings in the Patent Office.
• Successfully supported a German beverage producer in the trademark registration.
• Advised a UAE electronic appliances exporter to protect its trademark and to prevent illegitimate imports into the local market.
• Advised and assisted in trademark registration of a Turkish paints producer and exporter.
• Represented a famous Croatian advertising company in the trademark registration.
• Advised and assisted several local producers in the trademark registration

Tax Compliance

• Assistance with calculation, preparation and filing of all statutory returns, such as below:

             Corporate Income Tax

             Value Added Tax

            Withholding Tax compliance services

            Personal Income Tax for employees and individuals

            Social Insurance Contribution

            Property, Road, Excise and other taxes

• Preparation for upcoming tax audit
• Assistance with optimization of the existing tax system
• Issuance of VAT invoice and e-act of acceptance