Practice Area · Kazakhstan · AIFC · Central Asia
Dispute Resolution and Arbitration in Kazakhstan
International Arbitration · AIFC Court Proceedings · Debt Collection · Enforcement of Foreign Judgments · Dispute Resolution in Uzbekistan
Bond Stone's dispute resolution practice covers commercial litigation, international arbitration, AIFC Court proceedings, cross-border enforcement, and debt recovery across Kazakhstan, the AIFC, and the wider Central Asian region. Founded in 2007, the firm carries active mandates in Kazakhstan national courts and the AIFC Court — advising clients from the UAE, Turkey, China, Europe, and the United States on claim strategy, proceedings management, and post-judgment enforcement across construction, energy, financial services, trade, and corporate sectors.
Kazakhstan has three main dispute resolution forums. National courts apply the Civil Procedure Code of the Republic of Kazakhstan and operate in Kazakh and Russian through first-instance, appellate and cassation courts, with the Supreme Court as the highest judicial body. The AIFC Court — a separate common law jurisdiction established under the Constitutional Law on the AIFC — conducts proceedings in English under English law principles and is accessible to any party by contractual choice. International arbitration under institutional rules (IAC, ISTAC, ICC, LCIA) provides a confidential, neutral forum with awards enforceable under the New York Convention (172 parties on the UNCITRAL status page, November 2026), to which Kazakhstan acceded in 1995. Bond Stone advises on forum selection at the contract drafting stage — the choice of dispute resolution mechanism made in the governing contract determines every subsequent strategic option.
Cross-border enforcement is a distinct challenge in Kazakhstan practice. The majority of inbound commercial disputes involve counterparty assets located in Kazakhstan, while the claimant may hold a foreign court judgment or arbitral award obtained abroad. Bond Stone structures enforcement proceedings from the outset — identifying the applicable treaty mechanism, preparing the recognition application, tracing and identifying executable assets, and coordinating with the judicial bailiff service through to asset execution. Kazakhstan maintains enforcement treaty relationships under the Chisinau Convention of 2002, its predecessor the Minsk Convention of 1993, and a network of bilateral judicial cooperation agreements covering key trading partners.
Bond Stone's partners are AIFC Registered Legal Advisers and appear before the AIFC Court. Rights of audience there come from registration with the AIFC Court Registry, which is open to lawyers and advocates holding a practising certificate from any jurisdiction. This AIFC Court practice, combined with the firm's Kazakhstan court practice and international arbitration capability, enables a single engagement team to manage multi-forum disputes without jurisdictional handoffs between separate counsel.
Primary Statutory Authority
Civil Procedure Code of the Republic of Kazakhstan No. 377-V, 31 October 2015 (as amended) · Law of the Republic of Kazakhstan "On Arbitration" No. 488-V, 8 April 2016 · Civil Code of the Republic of Kazakhstan (General Part), No. 268-XIII, 27 December 1994 (as amended) · Tax Code of the Republic of Kazakhstan No. 214-VIII, 18 July 2025 (in force from 1 January 2026, Art. 665) · AIFC Court Regulations 2017 · AIFC Court Rules 2018 · New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (1958), accession 1995 · Sources: adilet.zan.kz · court.aifc.kz
Forum Selection — Comparative Overview
| Factor | Kazakhstan National Courts | AIFC Court | International Arbitration |
|---|---|---|---|
| Governing law | Kazakhstan civil law, or foreign law where validly chosen | English common law (AIFC Acts) | Parties' choice — KZ, AIFC, or foreign law |
| Language | Kazakh and Russian; translation required for foreign parties | English | Parties' choice — commonly English |
| Confidentiality | Public — hearings and judgments are public record | Public — subject to court direction | Confidential by default; confidentiality agreement advisable |
| International enforcement | Via bilateral treaty or reciprocity; Chisinau (2002) and Minsk (1993) Conventions for CIS states | Outside the New York Convention, which covers arbitral awards only. In Kazakhstan, enforced like a Kazakhstan court judgment; abroad, treated as a foreign court judgment under local law or any applicable treaty | New York Convention — 172 parties (UNCITRAL, November 2026); widest cross-border reach |
| Opt-in for foreign parties | Available — requires Kazakhstan court jurisdiction clause | Available — AIFC jurisdiction clause sufficient | Available — arbitration clause in governing contract |
| Interim relief | Court-ordered interim measures under CPC Arts. 155–156 | Interim orders under AIFC Court Rules | Emergency arbitrator (ICC, ISTAC); tribunal interim orders |
| Bond Stone right of audience | Full — Kazakhstan-licensed | By registration with the AIFC Court Registry; the firm is an AIFC Registered Legal Adviser (RLA) | Full — institutional and ad hoc proceedings |
Kazakhstan National Courts — Procedural Framework
Since 1 July 2025 Kazakhstan's national court system has operated at four levels. At first instance sit the district (city) courts and the specialised interdistrict courts: claims between legal entities and individual entrepreneurs, and corporate disputes, go to the specialised interdistrict economic courts, and investment disputes to the specialised interdistrict economic court of the capital (CPC Art. 27). Appeals go to the appellate panels of the regional courts and courts of equal status, including Almaty City Court and Astana City Court (CPC Art. 402). Cassation is handled by separate cassation courts, with the Cassation Court for Civil Cases hearing civil matters (CPC Art. 437). The Supreme Court of the Republic of Kazakhstan no longer sits as the ordinary court of cassation: it remains the highest judicial body, issues normative resolutions and may review judgments after cassation in exceptional cases (CPC Art. 454-1). The Civil Procedure Code No. 377-V (2015) governs all civil and commercial proceedings, allows claims to be filed on paper or electronically, and requires the court to invite the parties to a conciliation procedure (CPC Art. 174).
Filing a civil claim requires prior completion of any pre-trial procedure that the law prescribes for the category of dispute or that the contract provides (CPC Art. 8(6)), payment of state duty (on property claims, 3% of claim value for legal entities and 1% for individuals, subject to caps; Tax Code, Art. 665), submission of the statement of claim with supporting documents in Kazakh or Russian, and proof of the claimant's authority to act. Bond Stone prepares complete filing packages — including demand notices, statements of claim, documentary evidence bundles, and electronic power of attorney — for Kazakhstan court proceedings.
Enforcement of Kazakhstan court judgments proceeds through the judicial bailiff service under a writ of execution issued by the court. Execution against a respondent's bank accounts is the most effective mechanism in most commercial matters. Execution against movable property, immovable property registered with the justice authorities, and receivables is also available. Enforcement works best when assets are clearly identified and located in Kazakhstan.
Key procedural points: Pre-trial procedure required where the law or the contract provides one · 3-year general limitation period (Civil Code, Art. 178) · State duty 3% of claim value for legal entities and 1% for individuals, recoverable on judgment · Electronic filing through the national court platform · Interim measures available pre-judgment under CPC Arts. 155–156
AIFC Court — English Common Law Jurisdiction
The AIFC Court was established under the Constitutional Law on the Astana International Financial Centre (2015) and operates as a separate, autonomous jurisdiction within Kazakhstan applying English common law principles under the AIFC Court Regulations 2017 and AIFC Court Rules 2018. All proceedings are conducted in English. The court's judges are senior common law jurists — drawn from English, Singaporean, and other common law jurisdictions — and apply AIFC Acts as the primary source of law, with English law as the gap-fill where AIFC law is silent.
Jurisdiction of the AIFC Court extends to: disputes between AIFC participants, AIFC bodies and their foreign employees; disputes relating to operations carried out in the AIFC and governed by AIFC law; and disputes transferred to the Court by agreement of the parties (Constitutional Statute No. 438-V, Art. 13(4); AIFC Court Regulations 2017, Art. 26). It also enforces awards of the AIFC International Arbitration Centre. On its current decisions it does not enforce awards seated outside the AIFC, as explained under arbitration below. Crucially, any commercial parties — including entities with no AIFC connection — may designate the AIFC Court as their forum and AIFC law as their governing law by express contractual provision. This makes the AIFC Court a neutral English-language forum for Kazakhstan-related transactions, without requiring either party to incorporate within the AIFC.
AIFC Court judgments are enforced in Kazakhstan in the same manner and on the same terms as judgments of Kazakhstan courts, with a translation into Kazakh or Russian (Constitutional Statute No. 438-V, Art. 13(8)). No recognition proceeding before a Kazakhstan court is needed: the judgment creditor applies to the AIFC Court for an Execution Order (AIFC Court Rules 2018, Part 30), and enforcement proceeds through the national judicial bailiff service. The New York Convention does not apply, because it covers arbitral awards and not court judgments. Outside Kazakhstan, an AIFC Court judgment is treated as a foreign court judgment under the local law or any applicable treaty.
Rights of audience: Bond Stone's partners hold AIFC Registered Legal Adviser (RLA) status and appear before the AIFC Court. The AIFC Court gives wide rights of audience: lawyers may represent parties after authorisation by the Registrar and registration with the AIFC Court Registry, and any lawyer or advocate with a practising certificate from any jurisdiction is eligible, so RLA status is not a precondition. Before the AIFC International Arbitration Centre, a party may be represented by legal practitioners or any other authorised person (IAC Rules, Art. 17). Bond Stone can conduct AIFC Court proceedings directly without engaging separately qualified English law counsel.
International Arbitration — Kazakhstan Framework
International commercial arbitration in Kazakhstan is governed by the Law of the Republic of Kazakhstan "On Arbitration" No. 488-V (8 April 2016), which superseded the prior Law on International Arbitration and the Law on Courts of Arbitration, consolidating the domestic and international arbitration frameworks under a single UNCITRAL Model Law-based statute. The Law governs arbitration agreements, constitution of the tribunal, arbitral proceedings, interim measures, the award, and recognition and enforcement of awards.
Institutional arbitration for Kazakhstan-related matters is most commonly conducted at: the AIFC International Arbitration Centre (IAC), an arbitral institution separate from the AIFC Court — administered arbitration under the IAC Arbitration and Mediation Rules 2022; the Istanbul Arbitration Centre (ISTAC) — widely used for KZ–Turkey commercial disputes, efficient procedural timetable, English or Turkish proceedings; the International Chamber of Commerce (ICC) — appropriate for high-value multi-jurisdictional matters; and the London Court of International Arbitration (LCIA). The Singapore International Arbitration Centre (SIAC) and Stockholm Chamber of Commerce (SCC) are also used in certain sectors. Bond Stone advises on the selection of arbitral institution, seat of arbitration, and applicable procedural rules at the contract drafting stage — choices that materially affect procedural flexibility, enforceability, and the conduct of the proceedings.
Kazakhstan acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) in 1995, without reservations. Foreign arbitral awards are enforced in Kazakhstan through an application for a writ of execution filed with the first-instance court, which is the specialised interdistrict economic court where the parties are legal entities or individual entrepreneurs (CPC Arts. 501, 503; Supreme Court Normative Resolution No. 3 of 2 November 2023, para. 18). The grounds on which recognition may be refused are those in Article V of the Convention: incapacity of a party; lack of proper notice of arbitral appointment or proceedings; award beyond the scope of the submission to arbitration; improper composition of the tribunal or procedural irregularity; the award has not yet become binding or has been set aside at the seat; the subject matter is not capable of settlement by arbitration under Kazakhstan law; or recognition would be contrary to the public policy of the Republic of Kazakhstan.
The AIFC Court is not, at present, a route for awards made elsewhere. In Posco Co. Ltd. v National Centre for Complex Processing of Mineral Raw Materials (Case No. AIFC-C/CFI/2025/0066, 27 May 2026) and Naftogaz of Ukraine v Gazprom (Case No. AIFC-C/CFI/2026/0002, 7 July 2026), the Court held that it has no jurisdiction to enforce ICC awards from tribunals seated in Switzerland: its jurisdiction rests on Article 13 of the Constitutional Statute, and Articles 45–47 of the AIFC Arbitration Regulations cannot widen it. Earlier orders enforcing foreign awards were made without full argument. Both decisions are under appeal. A combined appeal was heard on 30 September 2026, and the Court recorded on 8 October 2026 that judgment was awaited (Roads Department of the Ministry of Infrastructure of Georgia v Todini Costruzioni Generali S.p.A., Case No. AIFC-C/CFI/2025/0025). No appeal judgment had been published by 6 November 2026. Until then, a foreign award belongs in the ordinary Kazakhstan courts, which Posco confirms have jurisdiction.
Pre-arbitration steps: Most institutional rules require a formal notice of arbitration before proceedings commence. Bond Stone assesses whether the contract's arbitration clause contains pre-arbitration requirements (notice periods, mandatory negotiation, escalation) and prepares compliant notices that start the institutional clock without triggering defects that could be used to challenge jurisdiction.
Sector Coverage
Construction & EPC
FIDIC Disputes & Payment Claims
FIDIC contract disputes, variation and EOT claims, delay penalties, performance bond calls, subcontractor payment claims, and DAB/adjudication referrals. Bond Stone advises on dispute avoidance and claim preparation under Silver, Yellow, Red, and Emerald books.
Energy & Natural Resources
Subsoil & Offtake Disputes
Disputes arising from subsoil use contracts, production sharing agreements, royalty and throughput fee claims, offtake agreement breaches, and energy sector supply contracts — including matters involving state entity counterparties.
Financial Services & Digital Assets
AIFC Court & AFSA-licensed Entity Disputes
AIFC Court proceedings for disputes involving AFSA-licensed entities, digital asset service providers, and AIFC-registered funds. Lending disputes, guarantee claims, and securities fraud matters conducted in English under English common law.
Trade & Commodities
Cross-border Supply & Cargo Disputes
International supply chain disputes, cargo damage and shortage claims, letters of credit and documentary collection disputes, and cross-border debt recovery in arbitration and Kazakhstan court proceedings — active KZ–Turkey, KZ–China, and KZ–UAE mandates.
Corporate & Joint Ventures
Shareholder & JV Breakdown Disputes
Disputes between shareholders, joint venture partners, and management — breach of shareholders' agreements and JV charters, minority protection, director liability, loan recovery in JV breakdown scenarios, and asset retention disputes involving cross-jurisdictional asset structures.
Real Estate & Infrastructure
Developer, Landlord & Financing Disputes
Lease disputes, developer-contractor payment and completion claims, property title disputes, real estate financing defaults, and AIFC-governed real estate investment fund matters. Kazakhstan real estate registration disputes and state cadastre challenges.
Cross-border Enforcement in Kazakhstan
Enforcement of foreign judgments and arbitral awards in Kazakhstan follows distinct procedural tracks depending on the source of the obligation. Bond Stone advises on the applicable enforcement mechanism at the outset of every cross-border dispute — the enforceability analysis often determines which forum the underlying claim should be brought in.
Foreign Arbitral Awards
New York Convention Track
Application filed with the first-instance court: the specialised interdistrict economic court where the parties are legal entities or individual entrepreneurs (CPC Art. 503; Supreme Court Normative Resolution No. 3 of 2023). Grounds for refusal are those in NY Convention Art. V. Once granted: writ of execution issued, judicial bailiff service engaged, execution against bank accounts and registered assets. Kazakhstan accession: 1995, no reservations.
CIS State Judgments
Chisinau and Minsk Convention Track
Court judgments from CIS states are enforceable in Kazakhstan under the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters (Chisinau, 7 October 2002), which applies with Russia, Azerbaijan, Armenia, Belarus, Kyrgyzstan, Tajikistan and Uzbekistan, or its predecessor of 22 January 1993 (Minsk). Application filed with the competent first-instance court in Kazakhstan (CPC Art. 503). Ukraine is no longer covered: it left the Minsk Convention and the Kyiv Agreement of 20 March 1992 in 2023 (Laws No. 2783-IX and No. 2855-IX) and has not ratified the Chisinau Convention, so Ukrainian judgments depend on reciprocity (CPC Art. 501).
Bilateral Treaty States
Treaty Recognition Track
Kazakhstan has concluded bilateral judicial cooperation treaties with a number of states providing for mutual recognition of court judgments. The applicable treaty determines the competent Kazakhstan court, grounds for refusal, and procedural requirements. Bond Stone verifies treaty coverage for each enforcement jurisdiction against primary sources before filing.
Non-Treaty States
Reciprocity & Fresh Claim Strategy
Where no applicable treaty exists and reciprocity cannot be established, Bond Stone advises on commencing fresh proceedings in Kazakhstan courts on the underlying cause of action — restructuring the claim to obtain a Kazakhstan-law judgment enforceable directly through the bailiff service without a recognition step.
Asset tracing and pre-enforcement preparation: Bond Stone identifies and maps counterparty assets — bank accounts, registered real estate, vehicle fleet, receivables, shareholdings — before or concurrently with filing enforcement proceedings. An enforcement application filed without asset identification frequently stalls at the bailiff stage. For high-value matters, Bond Stone structures enforcement in parallel with or immediately following the substantive proceedings rather than as a post-judgment step.
Pre-dispute Advisory
The decisions made before a dispute crystallises — in the governing contract, the forum selection clause, and the early stages of a deteriorating relationship — determine the available options, the cost, and the likely outcome. Bond Stone regularly advises clients on dispute risk management before proceedings become necessary.
Contract Audit
Dispute Clause & Governing Law Review
Review of governing law, arbitration or forum selection clause, mandatory pre-dispute escalation steps, notice requirements, and limitation period provisions. Identification of ambiguities or gaps that could be exploited procedurally by an adverse party. Redrafting for clarity and enforceability before contract execution.
Limitation Analysis
Limitation Period & Claim Preservation
Assessment of the applicable limitation period and calculation of the date the period began to run — including analysis of whether any suspension or interruption events have occurred. Where a limitation risk exists, Bond Stone advises on immediate protective steps: a protective court filing, a notice of arbitration where the clause requires one, or a written acknowledgment of the debt. A demand alone does not interrupt limitation.
Pre-action Strategy
Demand Preparation & Escalation
Preparation of compliant pre-trial demand notices, calculation of the demand response period, and assessment of the counterparty's likely response. Where settlement is possible, Bond Stone structures the demand to maximise commercial leverage while preserving formal procedural compliance and keeping the door to further escalation open.
Asset & Evidence
Pre-filing Preservation Strategy
Identification and mapping of counterparty assets prior to filing, to inform interim measure applications at the time of claim. Evidence review — including e-document authenticity, chain of custody, and admissibility under Kazakhstan procedural law — to identify evidentiary gaps before proceedings begin rather than after.
Kazakhstan Legal Framework — Key Parameters
CPC, Arts. 8 and 152
Pre-trial Procedure
A pre-trial procedure must be completed before filing only where a law prescribes one for the category of dispute or the contract provides for it (CPC Art. 8(6)); claims against a carrier of goods are one statutory example (Civil Code, Special Part, Art. 706). Dispatch of a demand should be provable — registered post or courier with delivery confirmation. Non-compliance results in return of the claim under CPC Art. 152(1)(1) or, if discovered after acceptance, the claim being left without consideration under CPC Art. 279(1).
Civil Code, Art. 178
General Limitation Period
Three years from the date the claimant knew or should have known of the breach (Arts. 178, 180). Interrupted by filing a claim, by a mediation agreement or by the debtor's acknowledgment of the debt (Art. 183). The parties cannot change limitation periods by agreement (Art. 177). Special periods apply by law, such as one year for claims from the carriage of goods (Special Part, Art. 706). The court applies limitation only if a party raises it before judgment, and the claim then fails (Art. 179).
Tax Code, Art. 665
State Court Filing Fee
For property claims, 3% of claim value for legal entities (capped at 20,000 monthly calculation indices) and 1% for individuals (capped at 10,000) — paid before filing, recoverable from the losing party on judgment. Exemptions in Art. 668 include employment and alimony claims. An application for a writ of execution on an arbitral award or foreign court judgment carries a fixed duty of 5 monthly calculation indices.
CPC — Electronic Filing
Electronic Court Platform
Claims may be filed on paper or as electronic documents certified with an electronic digital signature (EDS) (CPC Arts. 8(5), 148). Court acts and notices may be issued and delivered electronically. A power of attorney may be submitted on paper or as an electronic document certified with the principal's EDS (CPC Art. 61).
Bond Stone Mandate Structure
Stage 1
Dispute Strategy & Forum Selection
Forum assessment · limitation review · pre-demand preparation · interim relief assessment · asset mapping
Stage 2
Claim Preparation & Filing
Statement of claim · evidence bundle · expert instruction · state duty · protective interim measures
Stage 3
Proceedings Management
Procedural filings · witness and expert management · hearing attendance · defence to counterclaims · appellate strategy
Stage 4
Enforcement & Recovery
Recognition proceedings · writ of execution · bailiff coordination · asset execution · cross-border enforcement strategy
Selected Experience
Commercial litigation, arbitration, and enforcement mandates across Kazakhstan courts, the AIFC Court, and cross-border enforcement proceedings. Matters span construction, energy, financial services, trade, and corporate sectors for clients based in the UAE, Turkey, China, Europe, and Central Asia. Client confidentiality is maintained in all matter descriptions.
Litigation · Almaty City Court · Active
Commercial Appellate Proceedings
Appellate counsel in a commercial dispute before Almaty City Court. Grounds advanced: procedural violations at first instance and substantive misapplication of Kazakhstan civil law. Appeal ongoing.
Advisory · Kazakhstan Courts
Digital Asset Criminal Proceedings
Advisory support in criminal proceedings arising from digital asset trading activity. Strategy: legal classification challenge, establishment of lawful trading activity, and absence of criminal intent under Kazakhstan criminal law.
Pre-action · KZ–Turkey · 2026
Kazakhstan–Turkey Works Dispute
Bond Stone is advising a Kazakhstani manufacturer in a dispute with a Turkish contractor over defective works, including forum strategy, evidence and enforcement risk in both jurisdictions.
Debt Recovery · KZ–UAE · 2025
Cross-border Debt Recovery — UAE Counterparty
Acting for a UAE-based company in debt recovery against a Kazakhstani counterparty under a commercial supply agreement. Strategy: compliant pre-trial demand, court claim before Kazakhstan civil court, asset identification for enforcement. Matter active.
Pre-arbitration Advisory · KZ–Europe
Arbitration Clause Enforceability — State Entity Counterparty
Advising a European-headquartered client on arbitration clause enforceability and pre-arbitration notice compliance for a claim against a Kazakhstani state enterprise. Analysis included state immunity considerations and applicable procedural requirements under the Law on Arbitration.
Debt Recovery · International · Completed
International Goods Supply — Full Debt Recovery
Acting for a foreign supplier against a Kazakhstani importer under an international goods supply contract. Pre-trial demand dispatched, court claim filed, judgment obtained. Outcome: full principal debt recovered through judicial bailiff enforcement against counterparty bank accounts.
Litigation · Construction · Completed
EPC Payment Dispute — Judgment & Enforcement
Acting for an international contractor against a Kazakhstani subcontractor for unpaid works under a construction contract. Evidence strategy: completion certificates, act of acceptance, contractual penalty calculation. Outcome: judgment obtained; full recovery through enforcement.
Enforcement · Cross-border · Completed
Recognition of Foreign Award — Kazakhstan Enforcement
Advising a foreign award creditor on recognition and enforcement in Kazakhstan of a foreign arbitral award against a Kazakhstani respondent under the New York Convention. Recognition proceedings before the first-instance court, writ of execution obtained, asset execution coordinated with judicial bailiff service.
Litigation · Energy · Completed
Energy Sector Trade Receivables Recovery
Acting for a foreign energy sector supplier in recovery of outstanding trade receivables from a Kazakhstani operator under a long-term supply agreement. Strategy: pre-trial demand, court proceedings, contractual penalty claimed in addition to principal. Outcome: debt recovered in full.
Litigation · Corporate · Completed
Joint Venture Breakdown — Shareholder Dispute
Acting for a foreign investor in a shareholder dispute following joint venture breakdown — asset retention, loan recovery, and minority shareholder protection proceedings in Kazakhstan courts. Strategy: urgent interim protective measures application followed by substantive claim. Outcome: judgment obtained.
Interim Measures · Corporate · 2026
Asset Preservation — Corporate Dispute
Advising a foreign investor seeking interim protective measures in a corporate dispute — urgent application for an asset preservation order prior to the commencement of main substantive proceedings. Strategy: demonstrating risk of dissipation and establishing the prima facie claim threshold. Matter active.
Why Bond Stone for Dispute Resolution in Kazakhstan
Active docket across two forums. Bond Stone carries live mandates in Kazakhstan national courts and the AIFC Court. The firm advises on both tracks in parallel where multi-forum strategy requires it.
AIFC Court practice without separately qualified English counsel. Bond Stone's partners hold AIFC Registered Legal Adviser (RLA) status and appear before the AIFC Court. Rights of audience there come from authorisation by the Registrar and registration with the AIFC Court Registry, which is open to lawyers and advocates with a practising certificate from any jurisdiction. Bond Stone can constitute the full counsel team for AIFC Court proceedings, eliminating the cost and coordination burden of engaging separate English-qualified counsel.
Cross-border enforcement capability built into the mandate from day one. Bond Stone structures enforcement proceedings in parallel with substantive litigation — asset mapping, treaty analysis, and recognition strategy begin concurrently with claim preparation, not after judgment. This approach aims to shorten the time from judgment to recovery.
Kazakhstan court practice, including prosecutorial background. Kazakhstan court proceedings turn on procedural culture, the conduct of oral hearings, and the approach of the local judiciary to commercial disputes. Bond Stone's team includes practitioners with prosecutorial experience in the Kazakhstan legal system — applied directly to commercial litigation strategy.
International co-counsel network across key client jurisdictions. Bond Stone works in co-counsel relationships with Chinese, Turkish, Ukrainian, and Gulf law firms on cross-border mandates — coordinating Kazakhstan-side proceedings with parallel enforcement tracks in the counterparty's home jurisdiction. Instructing counsel retain their client relationship; Bond Stone delivers the Kazakhstan and AIFC layer.
Primary authority: adilet.zan.kz · court.aifc.kz
Discuss your dispute
Contact Bond Stone for a confidential discussion about claim strategy, forum selection, or cross-border enforcement in Kazakhstan and the AIFC.
+7 (701) 729 76 72
Request a Confidential Consultation
Frequently Asked Questions
What dispute resolution forums are available for commercial disputes in Kazakhstan?
Three principal forums: Kazakhstan national courts under the Civil Procedure Code No. 377-V (2015); the AIFC Court, conducting proceedings in English under English common law pursuant to the AIFC Court Regulations 2017 and AIFC Court Rules 2018; and international arbitration under the Law on Arbitration No. 488-V (2016) and the New York Convention. Forum selection is a strategic decision made at the contract drafting stage — the governing law and dispute resolution clause in the underlying contract define the available options once a dispute arises.
Is Kazakhstan a party to the New York Convention on enforcement of arbitral awards?
Yes. Kazakhstan acceded to the New York Convention on 20 November 1995 and made no reservations; it entered into force for Kazakhstan on 18 February 1996. Foreign arbitral awards may be recognised and enforced through an application to the first-instance court, which is the specialised interdistrict economic court where the parties are legal entities or individual entrepreneurs. The grounds for refusal are those in Article V of the Convention. Once recognised, enforcement proceeds through the judicial bailiff service in the same manner as a national court judgment — including against bank accounts, registered immovable property, and movable assets.
What is the pre-trial demand procedure and when does it apply?
A claimant must complete a pre-trial procedure before filing only where a law prescribes one for the category of dispute or the contract provides for it (CPC Art. 8(6)). There is no single rule for all contract claims, so the contract and the applicable law must be checked first. Where a demand is required, it should be dispatched by registered post or courier — delivery must be provable — and give the respondent the contractually or statutorily specified period to respond. Filing without satisfying the requirement results in return of the claim (CPC Art. 152(1)(1)) or, if discovered after acceptance, the claim being left without consideration (CPC Art. 279(1)). A demand is not among the events that interrupt limitation (Civil Code Art. 183), so Bond Stone prepares compliant demand notices and tracks the limitation period alongside them.
What is Bond Stone's right of audience before the AIFC Court?
Bond Stone's partners hold AIFC Registered Legal Adviser (RLA) status and appear before the AIFC Court. Rights of audience there do not depend on RLA status: they come from authorisation by the Registrar and registration with the AIFC Court Registry, which is open to lawyers and advocates with a practising certificate from any jurisdiction. Bond Stone can constitute the full counsel team for AIFC Court proceedings — without the cost and coordination of separately instructing English-qualified counsel.
Can parties who are not AIFC registered choose the AIFC Court as their forum?
Yes. Parties to a commercial contract — even if neither party is registered with the AIFC — may designate the AIFC Court as their chosen dispute resolution forum and AIFC law as their governing law by express contractual provision. This makes the AIFC Court a neutral English-language forum accessible to international commercial parties contracting for Kazakhstan-related transactions without requiring AIFC incorporation. Bond Stone advises on AIFC jurisdiction and governing law clauses at the contract drafting stage.
How are foreign court judgments (as opposed to arbitral awards) enforced in Kazakhstan?
Foreign court judgments are enforced through an application for a writ of execution filed with the first-instance court (the specialised interdistrict economic court where the parties are legal entities or individual entrepreneurs), which will apply the applicable treaty or, absent a treaty, assess whether reciprocity exists (CPC Arts. 501, 503). Kazakhstan maintains enforcement treaty relationships for CIS-state judgments under the Chisinau Convention (2002) and the Minsk Convention (1993), neither of which now covers Ukraine, and has concluded bilateral judicial cooperation agreements with a number of other states. Where no treaty or reciprocity basis exists, Bond Stone advises on commencing fresh proceedings in Kazakhstan courts on the underlying cause of action.
What is the general limitation period for civil claims in Kazakhstan?
The general limitation period is three years (Article 178 of the Civil Code of the Republic of Kazakhstan), running from the date the claimant knew or should have known of the breach (Article 180). The period is interrupted by filing a claim, by a mediation agreement or by the debtor's acknowledgment of the debt, and then starts again (Article 183); it is suspended only in the cases listed in Article 182, such as force majeure. The parties cannot change it by agreement (Article 177). Special periods apply by law: for example, one year for claims arising from the carriage of goods (Special Part, Article 706). The court applies limitation only if a party raises it before judgment, and the claim then fails (Article 179) — making early limitation assessment essential.
What is the state court filing fee for property claims in Kazakhstan?
For property claims filed in Kazakhstan civil courts, the state duty is 3% of the claim value for legal entities, capped at 20,000 monthly calculation indices, and 1% for individuals, capped at 10,000, under Article 665 of the Tax Code of the Republic of Kazakhstan No. 214-VIII, in force from 1 January 2026. The duty is paid before filing and is recoverable from the losing party upon successful judgment. Exemptions are listed in Article 668 and include employment claims. Bond Stone calculates applicable state duty as part of pre-filing preparation on every mandate.
Detailed Practice Guides
International Arbitration
International Arbitration in Kazakhstan
IAC, ISTAC, ICC, LCIA — clause drafting, seat selection, enforcement under the New York Convention, Kazakhstan arbitration law
Enforcement
Enforcement of Foreign Judgments & Awards
New York Convention, Chisinau and Minsk Conventions, bilateral treaties, recognition procedure, asset tracing and execution
Debt Recovery
Pre-trial demand procedure, simplified court order proceedings, civil litigation, judicial bailiff enforcement
AIFC Court
English common law proceedings, rights of audience, IAC arbitration, judgment enforcement in Kazakhstan