AIFC \u00b7 DISPUTE RESOLUTION<\/p>\n
Bond Stone holds automatic right of audience before the AIFC Court as an AIFC Registered Legal Adviser with Dispute Resolution as a confirmed specialisation \u2014 a procedural advantage unavailable to non-RLA counsel. Bond Stone manages AIFC Court filings, IAC arbitration, and enforcement of AIFC Court judgments within Kazakhstan and internationally.<\/p>\n
The AIFC Court operates independently from Kazakhstan’s national judiciary. It applies AIFC regulations based on English common law principles, conducts proceedings in English, and its judges are appointed from among internationally recognised jurists. AIFC Court judgments are enforceable in Kazakhstan through a direct enforcement mechanism via the Supreme Court \u2014 without the need for a separate exequatur proceeding in most cases.<\/p>\n
Governed by: AIFC Court Regulations 2017; AIFC Court Rules 2018 (as amended); Constitutional Law of the Republic of Kazakhstan “On the Astana International Financial Centre.” Authority: court.aifc.kz<\/a><\/p>\n Who can bring claims before the AIFC Court<\/p>\n AIFC-registered entities have automatic access to the AIFC Court. Non-AIFC entities may access the AIFC Court by contractual opt-in \u2014 by including an AIFC governing law and jurisdiction clause in any commercial contract. Bond Stone drafts AIFC jurisdiction clauses for all international contracts where the AIFC Court is the preferred forum.<\/p>\n<\/p><\/div>\n Right of audience \u2014 Bond Stone<\/p>\n AIFC Registered Legal Advisers have automatic right of audience before the AIFC Court. Non-RLA lawyers may only appear with special permission granted by the Court \u2014 making Bond Stone’s RLA status a direct procedural advantage in AIFC Court litigation that most law firms in Kazakhstan cannot match.<\/p>\n<\/p><\/div>\n Contractual claims under AIFC law<\/p>\n The AIFC Court applies the AIFC Implied Terms in Contracts and Unfair Terms Regulations 2017 alongside AIFC Contract Regulations 2017 \u2014 providing a robust contractual enforcement framework based on English common law. Claims for breach of contract, unjust enrichment, and payment disputes are resolved under these regulations.<\/p>\n<\/p><\/div>\n Enforcement of AIFC Court judgments<\/p>\n AIFC Court judgments are enforceable in Kazakhstan through the Supreme Court enforcement mechanism. Enforcement arrangements also exist with Kyrgyzstan under bilateral judicial cooperation agreements. For international enforcement, AIFC Court judgments may be recognised in jurisdictions that apply bilateral treaties or common law comity principles.<\/p>\n<\/p><\/div>\n<\/div>\n The AIFC International Arbitration Centre (IAC) provides an alternative to AIFC Court litigation for parties that prefer confidential arbitral proceedings. IAC awards are enforceable under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (1958) in 170+ contracting states \u2014 providing broader international enforcement reach than AIFC Court judgments alone.<\/p>\n Bond Stone advises on IAC arbitration procedure and rules, drafts IAC arbitration clauses for commercial contracts, and represents clients in IAC proceedings. For cross-border disputes where international enforceability is the primary concern, an IAC arbitration clause is frequently the preferred option.<\/p>\n
\nAIFC Court \u2014 Jurisdiction & Access<\/h2>\n
\nIAC \u2014 International Arbitration Centre<\/h2>\n
\nWhen to Choose the AIFC Court<\/h2>\n