Посты с тэгом: AIFC Court

Three judges have been appointed to the AIFC Court: The Rt. Hon. The Lord Mance, Mr. Alan Maclean QC (AIFC Small Claims Court) and Mr. Charles Banner QC (AIFC Small Claims Court).

Lord Mance was the Deputy President of the Supreme Court of the United Kingdom. He is currently Chair of the International Law Association, Chair of the Conduct Committee of the House of Lords, and a member of the Judicial Integrity Group. He has many years of experience in commercial law, public and private international law and European law. He was a founder director of the Bar Mutual Indemnity Insurance Fund and he was the Chair of various Banking Appeals tribunals in London. He also has significant arbitrator experience. He was educated at the University of Oxford.

Mr. Alan Maclean QC is an experienced QC, practising from Blackstone Chambers in London. He was educated at the University of Oxford, where he took a double First in PPE, and Harvard University, where he was a Kennedy Memorial Scholar. He was called to the Bar, first in his year, in 1993 and was appointed Queen’s Counsel in 2009. He has a broad practice in the fields of commercial litigation and arbitration, public law, competition law, private international law and European law.

Mr. Charles Banner Q.C. is a barrister based at Landmark Chambers in London and Birmingham. He practises in England & Wales (where he was called to the Bar in 2004) and Northern Ireland (where he was called to the Bar in 2010), as well as internationally. He was appointed Queen’s Counsel in 2019. He has a broad practice, principally focused on public and private law issues relating to development and infrastructure (particularly in the energy, transport, housing and tourism sectors), but also covering government & regulation and commercial dispute resolution more generally. He is recommended in a total of 8 practice areas by Chambers & Partners UK Bar and Legal 500 UK Bar, and has been the recipient of multiple legal industry awards. He was educated at Oxford University.

Reference:

AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute “On the Astana International Financial Centre” (AIFC). The aim of the AIFC is to establish a leading international centre for financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in financial services, develop local capital markets, ensuring their integration with the international capital markets. https://aifc.kz/

AIFC Court. 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.

International Arbitration Centre (IAC). 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.

In Moscow, the AIFC Court and IAC Registrar and Chief Executive signed MoU with the Russian Arbitration Association (“RAA”), which unites legal practitioners, law firms and academics across the Russian Federation.

The above initiative expands the AIFC Court and IAC’s cooperation and international recognition among the legal and arbitration community in Russia and will assist with the positioning of the AIFC Court and IAC as the leading dispute resolution platform in the region. Our cooperation will include joint projects in legal education and training, new dispute resolution research and development initiatives, and cross promotion of events, activities and publications.

The Memorandum of Understanding with the RAA was signed within the framework of a special business breakfast in Moscow, where RAA members and the wider Russian legal and business community learnt about the AIFC Court and IAC as a new option for commercial dispute resolution.

Mr. Campbell-Holt stated:

“Our world-class dispute resolution platform at the AIFC is open for the wider region. We are delighted that our Russian partners have recognised our platform and agreed to cooperate with our initiative. We are confident that our cooperation will assist with the promotion and development of our arbitration services as a cost-effective and efficient alternative method to resolve commercial disputes.”

Mr. Vladimir Khvalei, RAA Chairman of the Board, added:

“What was done in Kazakhstan is amazing. The establishment of the AIFC Court and IAC is an excellent example for the whole post-Soviet area how the state could encourage foreign investments by creating world-class level court and arbitration institution.”

Reference:

AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute “On the Astana International Financial Centre” (AIFC). The aim of the AIFC is to establish a leading international centre for financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in financial services, develop local capital markets, ensuring their integration with the international capital markets. https://aifc.kz/

The AIFC Court. 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.

International Arbitration Centre (IAC). 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.

Russian Arbitration Association (RAA). The Russian Arbitration Association (RAA) was founded in April 2013 in Moscow to unite legal practitioners, law firms and academics. The Association represents broad interests of the business, legal and education communities involved in the alternative dispute resolution in Russia and the CIS. The main objective of the Association is cooperation in the development of arbitration in the Russian Federation and the CIS countries, popularizing Russia as a venue for arbitration, promotion of Russian arbitrators at national and international levels within the arbitration context, as well as the promotion of foreign arbitrators interested in arbitral proceedings, directly or indirectly relating to Russia and the CIS countries. RAA is an observer with the UNCITRAL Working Groups II (Dispute Resolution) and Working Group III (International Investment Disputes). www.arbitration.ru

Student teams from five leading universities in Kazakhstan participated in this year’s competition and preliminary rounds were held for the first time and involved law students from the following universities: M. Narikbayev KAZGUU University, KIMEP University, L. N. Gumilyov Eurasian National University, Narxoz University, and Caspian University. Two student teams were the winners of the preliminary rounds and they participated in the final of the competition.

The competition involved a common law legal problem and required analysis and oral presentation of legal arguments in the presence of two senior AIFC Court judges: Justice Sir Robin Jacob and Justice Sir Stephen Richards.

The final was conducted in the English language which is the official language of the AIFC. KIMEP University won the final and was awarded “The AIFC Court & IAC Moot Final Winners Cup”. All participants, including those who took part in the preliminary rounds, won an opportunity to experience an internship at the AIFC Court and IAC.

The moot competition is a well-known student simulation of a court hearing in which young future lawyers have a chance to analyse a legal problem, research the relevant law, prepare written submissions, and present oral arguments to experienced practicing judges.

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

“Our “Moot” competition is now in its second year. It plays an important part in our AIFC Court and IAC annual legal education program which we expanded this year to train more than three hundred Kazakh nationals in Nur-Sultan and Almaty. We have since 2018 trained more than five hundred Kazakh nationals. We want to ensure that Kazakh lawyers and future lawyers have the highest international common law skills that are necessary to represent parties at the AIFC Court and IAC. Our training is provided by our distinguished common law judges and by leading common law academics and law practitioners from the City of London, University of Cambridge, University College London, and the Centre for Effective Dispute Resolution. We are delighted that this year we were able to expand our Moot competition to include five leading Kazakh universities and to broaden our engagement with the lawyers of the future in Kazakhstan.”

The AIFC Court and IAC held the Moot Final in the framework of their legal education program which delivers the highest standards of common law court and alternative dispute resolution related training to meet the needs of lawyers and judges in Kazakhstan and the Central Asia region.

AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute “On the Astana International Financial Centre” (AIFC). The aim of the AIFC is to establish a leading international centre for financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in financial services, develop local capital markets, ensuring their integration with the international capital markets. https://aifc.kz/

The AIFC Court. 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.

The International Arbitration Centre (IAC). 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.