Yearly Archives: 2021

The AIFC Court and International Arbitration Centre (IAC) have completed more than 900 cases consisting of Court judgments, arbitration awards, and mediation settlements, since their commencement of operations on 1 January 2018. These results are unprecedented for dispute resolution institutions at an international financial centre which has only been operating for four years.

The disputes involved a wide range of commercial and investment related matters, including finance, construction, sales and services contracts, and employment. The applicable laws in the disputes included AIFC law and the laws of Kazakhstan and Russia. All Court judgments and arbitration awards were enforced within the Republic of Kazakhstan to 100% satisfaction of the parties using the AIFC Court’s special step by step enforcement procedure that operates directly between the AIFC Court and the enforcement authorities without involvement of the national courts.

The AIFC Court and IAC gained significant international recognition in 2021. The parties in the cases came from 19 countries, including most of the CIS countries, and globally from key Republic of Kazakhstan trading partners including China, India, and 15 Belt and Road Initiative countries as a part of the ‘AIFC Court and IAC BRI Initiative’. The AIFC Court and IAC model dispute resolution clauses were included in more than 5,700 business contracts of industry leaders, including Chevron Tengizchevroil LLP and North Caspian Operating Company (NCOC), with combined contract value in excess of US $2 billion. 326 lawyers from 29 jurisdictions (27 countries) joined the AIFC Court for rights of audience to enable them to represent clients in cases at the AIFC Court.

The AIFC Court participated at the annual Standing International Forum of Commercial Courts which comprises Chief Justices and Registrars from the senior courts of more than 40 jurisdictions. The AIFC Court and IAC gave more than 60 lead speeches at local, regional and global conferences, including with key AIFC Court and IAC MOU partners in Asia and Europe as a part of their enhanced promotions campaign. They also hosted the first annual IAC-Vis Central Asia Pre-Moot competition with 22 teams from 17 countries and a Final that was presided over by the IAC Chairman, Barbara Dohmann QC, and the fourth annual AIFC Court and IAC Moot Competition and a Final that was presided over by three senior AIFC Court Justices and opening remarks by the AIFC Court Chief Justice, The Rt. Hon. The Lord Mance.

The AIFC Court and IAC continued, as independent self-managed institutions that give final decisions which cannot be overturned by any court in the Republic of Kazakhstan, continued their close cooperation with the Republic of Kazakhstan Supreme Court. The cooperation included continued meetings, lectures and training webinars. Of particular note was the Transfer of Cases Scheme that was agreed between the Supreme Court and the AIFC Court and IAC to enable quick and cost effective transfer of commercial disputes, with the written consent of the parties in a dispute, from the national courts of the Republic of Kazakhstan to the AIFC Court and IAC. One case was accepted for jurisdiction by the Chief Justice of the AIFC Court, Lord Mance, and is currently being considered for judgment by one of the AIFC Court Justices.

Engagement with the AIFC Court and IAC users’ community continued with three Users’ Committee meetings comprising representation from the senior partners of more than 15 law firms and other organisations, enhanced dispute resolution webinars and training programmes attended by more than 1000 people, and structured internships for more than 20 law students.

The AIFC Court and IAC developed their 2025 Vision with plans to further develop the AIFC Court and IAC to global elite status. The plans focus on stability, growth and recognition. As a part of the plans to achieve long term stability, all of the judges of the AIFC Court and the Registrar and Chief Executive of the AIFC Court and IAC, Mr. Christopher Campbell-Holt, committed to continue in their roles at the AIFC Court for another five years, securing the AIFC Court’s continued long term development as a world class independent and impartial commercial court.

To secure the long term future of the IAC, in addition to the continuation of Mr. Campbell-Holt as the IAC Registrar and Chief Executive, Mr. Thomas Kruemmel was appointed to be the new IAC Chairman from 1 January 2023. Mr. Kruemmel is an IAC Arbitrator Panel member and has many years of international arbitration and mediation experience as a global leader in the law with specific experience of commercial dispute resolution from Europe, particularly in Germany, where he is a partner at the law firm Meyer-Koering in Berlin, Germany. He is a member of numerous law committees and has law degrees from Bonn, Germany, and the University of Glamorgan, Wales. He was awarded the Chevalier dans l’ordre national du mérite award from France. His appointment as IAC Chairman from 2023 will enhance the IAC’s credentials as a world class international arbitration centre. The first IAC Chairman, Ms. Barbara Dohmann QC, who has been instrumental to the establishment and development of the IAC as the number one choice for arbitration and mediation disputes in Eurasia, will retire from her IAC chairmanship on 31 December 2022.

The Rt. Hon. The Lord Mance, Chief Justice of the AIFC Court, commented:

“I am delighted that the AIFC Court has become an active commercial court as it comes to the end of its fourth year of operations. The AIFC Court has given 21 judgments and has ongoing case work including a range of contractual disputes in the commercial field. I am particularly pleased that, despite the pandemic, the AIFC Court has not been confined to remote hearings but has recently heard its first case in its world class premises in Nur-Sultan, Kazakhstan. I welcome the constitutional arrangement under which the first case has, by consent of the parties to the case, been transferred from the national courts of the Republic of Kazakhstan to, and has so been dealt with by, the AIFC Court. I am also grateful to all the other Justices of the Court and to the Registrar and Chief Executive for recently renewing their commitment to the AIFC Court for another five years. International investors can be confident that the world class standards of justice provided by the AIFC Court are assured for the future.”

Ms. Barbara Dohmann QC, IAC Chairman, stated:

“2021 was another very successful year for the IAC. We had an unprecedented number of arbitration awards and mediation settlements for a new centre at this stage of its operations. We collaborated successfully with arbitrators, mediators, and partner ADR institutions from around the world. The IAC provided a large number of webinars and training programmes on current arbitration and mediation matters, and it generally contributed to the promotion and development of arbitration and mediation in Eurasia. Investors can take comfort that the long term future of the IAC as an independent world class arbitration and mediation institution is secure; continuity has been assured by the appointment of RA Thomas Kruemmel, IAC Arbitrator Panel member and Partner at the internationally focused law firm Meyer-Koering in Berlin, Germany; I am delighted to say that he will succeed me as IAC Chairman from 1 January 2023”.

Dr. Kairat Kelimbetov, AIFC Governor, commented:

“The AIFC Court and IAC have been playing a significant role in the recognition of the AIFC as a centre for resolving commercial disputes in the region and enhancing investors’ confidence both in the AIFC and mainland Kazakhstan. In this regard, I would like to thank all of the AIFC Court judges and the Registrar and Chief Executive of the AIFC Court and IAC for their continued commitment to the AIFC. I am also delighted to welcome Mr. Thomas Kruemmel as IAC Chairman starting from 2023. I strongly believe that having clarity on the long-term perspectives of the AIFC Court and IAC will enhance the positive impact they make on the AIFC and its investment climate.”

Reference:

The Astana International Financial Centre was established on the initiative of the First President of the Republic of Kazakhstan – Elbasy Nursultan Nazarbayev as part of the National Plan “100 steps to implement five institutional reforms”. On July 2, 2020, as part of the meeting of the AIFC Management Council, the Center’s Development Strategy was adopted until 2025. According to it, the vision of the AIFC is to become a leading international financial centre in the region, including Central Asia, the Caucasus, the EAEU countries, Western China, Mongolia and Eastern Europe.

The mission of AIFC is to promote the sustainable long-term development of the region. As the Head of State noted, K.Tokayev, “The AIFC with its unique capabilities can act as a universal platform connecting the countries of the region.”  https://aifc.kz/

The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. The AIFC Court is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to any disputes that are of a criminal or administrative nature. It applies the most up to date and efficient case management practices. https://court.aifc.kz/

The International Arbitration Centre (IAC) is an independent legal entity. It has its own procedural rules modelled on best international practice. It has its own panel of leading international arbitrators and mediators having many years of arbitration and mediation experience in commercial law, including oil and gas, trade, construction, energy, financial services, banking, Islamic finance, insurance, and intellectual property. IAC arbitration awards are recognised and enforceable in Kazakhstan and internationally. https://iac.aifc.kz/

Law student teams from ten leading universities from Kazakhstan, Russia and, for the first time, Kyrgyzstan, participated in the Fourth Annual AIFC Court & IAC Moot 2021. M. Narikbayev KAZGUU University (Kazakhstan) narrowly defeated Ural State Law University (Russia) and won the competition.

Both Final teams were selected to compete in the Final based on their outstanding performance in the preliminary rounds of the competition, which was adjudicated by senior lawyer members of the AIFC Court and IAC Users’ Committee as preliminary round judges.

The Winners’ Cup was presented to M. Narikbayev KAZGUU University (Kazakhstan) and all of the students in the Final were awarded the opportunity to undertake a competitive internship at the AIFC Court and IAC.

The AIFC Court and IAC Moot competition provides a unique opportunity in the Eurasia region for law students to research and present oral legal arguments in the English language to senior AIFC Court judges on matters of commercial common law. This year the students presented oral arguments to the judges on a common law legal problem that involved a contract dispute about a failed purchase of a coffee business during the COVID-19 pandemic. The Final judges were Justice Sir Robin Jacob, Justice Sir Stephen Richards, and Justice Sir Jack Beatson, all from the AIFC Court. The Final Opening Address was given by The Rt. Hon. The Lord Mance, the Chief Justice of the AIFC Court.

The AIFC Court and IAC Moot competition was first held in 2018. In 2019 the second annual Moot competition was held for the first time in the AIFC Court’s world class hearing room. In 2020 the competition was held online for the first time given the COVID-19 pandemic. The same video technology that is used for real AIFC Court and IAC case hearings was used in this year’s competition.

Aidana Kudabayeva from KAZGUU University team commented:

“Participating in the AIFC Court and IAC Moot Competition is highly beneficial for future lawyers because it provides a unique opportunity to practice oral lawyer advocacy skills. The AIFC Court Judges asked many questions and gave detailed feedback to improve our skills. I wish the AIFC Court and IAC continued success and encourage all law students to participate in this uniquely invaluable competition.”

Registrar and Chief Executive of the AIFC Court and IAC Mr. Christopher Campbell-Holt commented:

“We are proud that the AIFC Court and IAC Moot competition has now entered its fourth year and has become a firm part of participating university timetables. We host the competition to provide law students with a unique opportunity to learn and practice oral advocacy skills in a real common law Court environment that are required of lawyers representing clients in real Court cases. The standard of the students has increased every year and this year in particular the standard was exceptional. We expanded the competition this year to ten teams from Kazakhstan, Russia, and Kyrgyzstan. This is an important competition both for the students and also for our Court and IAC as we continue to engage productively with our users and the wider community.”

Reference:

The Astana International Financial Centre was created by the initiative of the First President of the Republic of Kazakhstan, Leader of the Nation, Nur-Sultan Nazarbayev as part of the “100 steps to implement five institutional reforms” national program.

The Centre’s development strategy until 2025 was approved by the Management council of the AIFC during the council’s meeting on July 2, 2020.

In accordance with the strategy, the vision of AIFC is in becoming the leading financial centre in the region that includes Central Asia, the Caucasus, EAEU countries, western China, Mongolia, and Eastern Europe.

The mission of the AIFC is in assisting the sustainable and long term development of the region. As the head of state Tokayev noted, “AIFC, with its unique opportunities, can act as a universal platform that connects the countries in the region.”

The strategic directions for the sustainable development of the AIFC include the development of a circular economy, financial technologies, and “digital financial centre.” https://aifc.kz/

The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. The AIFC Court is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to any disputes that are of a criminal or administrative nature. It applies the most up to date and efficient case management practices. https://court.aifc.kz/

The AIFC International Arbitration Centre (IAC) is an independent legal entity. It has its own procedural rules modelled on best international practice. It has its own panel of leading international arbitrators and mediators having many years of arbitration and mediation experience in commercial law, including oil and gas, trade, construction, energy, financial services, banking, Islamic finance, insurance and copy right. IAC arbitration awards are recognised and enforceable in Kazakhstan and internationally. https://iac.aifc.kz/

The AIFC Court and IAC commenced their operations on 1 January 2018 and have resolved 536 cases with 15 judgments, 39 arbitration awards, and 482 mediation settlements. In the first half of 2021, the AIFC Court and IAC resolved 201 cases and additional cases continue to be ongoing. The number of arbitration cases has increased considerably, and mediation case numbers have continued to increase consistently, reducing the need for further case progression to arbitration or litigation.

The parties of the disputes at the AIFC Court and IAC have come from 12 regions within Kazakhstan and 14 countries including Kazakhstan, the UK, China, Russia, India, Canada, Italy, Uzbekistan, Ukraine, Kyrgyzstan, Azerbaijan, Poland, Armenia, and Belarus.

The disputes involved a wide variety of commerce and investment related matters including non-payments and other non-compliance of contract obligations, finance, construction, energy, land, property and employment. The applicable laws in the disputes were the laws of the AIFC, Kazakhstan and Russia.

All of the disputes were resolved quickly and cost effectively using the AIFC Court’s and IAC’s cutting-edge eJustice and video hearing digital technology. All judgments and arbitration awards were enforced throughout the entire territory of Kazakhstan to 100% satisfaction using the AIFC Court’s unique step by step enforcement procedure.

The AIFC Court continued to gain international recognition with 281 lawyers granted rights of audience to represent clients in disputes at the AIFC Court. The lawyers come from 27 jurisdictions from 25 countries including the UK, the US, and throughout Europe, Central Asia, Africa, Asia, and Oceania.

The AIFC Court and IAC signed an MOU with the Chief Justice of the Supreme Court of the Republic of Kazakhstan, Zhakyp Assanov. While the AIFC Court and IAC are independent of the national courts of the Republic of Kazakhstan, they cooperate closely on matters of mutual interest. The MOU provided for a procedure for parties, upon their written consent, to transfer commercial and investment related disputes from the national courts of the Republic of Kazakhstan to the AIFC Court and IAC, and for further assistance with the international enforcement of AIFC Court judgments.

Discussions are ongoing with the oil and gas sector of the Republic of Kazakhstan, and large corporations from other industry sectors, to encourage inclusion of the AIFC Court and IAC in the dispute resolution clauses of business contracts. The AIFC Court and IAC have been included as the number one choice for dispute resolution in more than 5,000 business contracts including the contracts of Chevron Tengizchevroil. Disputes arising under contracts in which the AIFC Court and IAC have been listed as the number one choice for dispute resolution are now being decided in cases at the IAC.

A comprehensive promotions and community engagement programme has been implemented with Users’ Committee meetings, webinars with the participation of judges and arbitrators, speaking engagements at online international conferences, mooting or mock trial competitions, and training programmes. Of particular note is the IAC-Vis arbitration moot competition which the IAC hosted online in February 2021. The IAC is the official host of the IAC-Central Asia Vis Arbitration Moot Preliminary Rounds, having partnered with the Association for the Organisation and Promotion of the Willem C. Vis International Commercial Arbitration Moot. Twenty-two teams competed from seventeen countries.

Mr. Christopher Campbell-Holt, the Registrar and Chief Executive of the AIFC Court and IAC, commented:

“We are pleased that the AIFC Court and IAC are increasingly trusted by the local, regional and international business communities as safe institutions for commercial dispute resolution that is expeditious, cost-effective, reliable, and always applying the highest international standards of the rule of law. Caseload has increased steadily and considerably ahead of time compared to other international financial centre common law courts and arbitration centres at this stage of development. We continue to gain considerable international recognition among global corporations as the first choice for commercial dispute resolution. We have plans in place to continue this progress and enable the AIFC Court and IAC to protect investors’ rights in accordance with the highest international standards for years to come.”

Reference:

The Astana International Financial Centre was created by the initiative of the First President of the Republic of Kazakhstan, Leader of the Nation, Nur-Sultan Nazarbayev as part of the “100 steps to implement five institutional reforms” national program. The Centre’s development strategy until 2025 was approved by the Management council of the AIFC during the council’s meeting on July 2, 2020. In accordance with the strategy, the vision of AIFC is in becoming the leading financial centre in the region that includes Central Asia, the Caucasus, EAEU countries, western China, Mongolia, and Eastern Europe. The mission of the AIFC is in assisting the sustainable and long-term development of the region. As the head of state Tokayev noted, “AIFC, with its unique opportunities, can act as a universal platform that connects the countries in the region”. The strategic directions for the sustainable development of the AIFC include the development of a circular economy, financial technologies, and “digital financial centre”. https://aifc.kz/

The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. The AIFC Court is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to disputes that are of a criminal or administrative nature. It applies the most up to date and efficient case management practices. https://court.aifc.kz/

The International Arbitration Centre (IAC) is an independent legal entity. It has its own procedural rules modelled on best international practice. It has its own panel of leading international arbitrators and mediators having many years of arbitration and mediation experience in commercial law, including oil and gas, trade, construction, energy, financial services, banking, Islamic finance, insurance, and intellectual property. IAC arbitration awards are recognised and enforceable in Kazakhstan and internationally. https://iac.aifc.kz/