COVID-19: Online dispute resolution at the AIFC Court and International Arbitration Centre 15 APRIL 2020
AIFC Court: • an independent common law court system that operates to resolve civil and commercial disputes in the AIFC • separate from the Republic of Kazakhstan judicial system • established by the AIFC Constitutional Statute as of 5 December 2017
Advantages • No fees • Fully independent common law court system • Specialist common law judges with commercial law expertise covering the full range of AIFC offerings • Own procedural rules modelled on English common law procedures and leading international practice • “eJustice” – world-class e-filing system • The AIFC Court of Appeal decisions are final and mandatory for all individuals and legal entities • Geographical location
Who We Are 10 distinguished common law judges, including the Chief Justice of the AIFC Court, The Rt. Hon. The Lord Mance Registrar and Chief Executive Christopher Campbell-Holt responsible for the day to day management and administration of the Court and case management of litigation before the Court
Justices THE RT. HON. THE LORD MANCE THE RT. HON. SIR THE RT. HON. SIR THE RT. HON. SIR THE RT. HON. SIR THE RT. HON. THE ROBIN JACOB JACK BEATSON FBA STEPHEN RICHARDS RUPERT JACKSON LORD FAULKS QC PATRICIA EDWARDS CHARLES BANNER QC ANDREW SPINK QC THOMAS MONTAGU- SMITH QC
Structure of the AIFC Court Court of First Instance Court of Appeal • Up to USD 150,000 Small Claims • Up to USD 300,000 + all parties’ written consent Court • Employment claims + all parties’ written consent
Jurisdiction • Civil and commercial disputes between AIFC participants, AIFC bodies and (or) their foreign employees (with the exception of criminal and administrative cases) • Disputes concerning any operation under the AIFC • Disputes referred to the AIFC Court by agreement of the parties
Rights of Audience Letter of good Professional lawyer Current licence or standing from info@aifc- or advocate certificate to the lawyer's court.kz/eJustice qualification practice law regulatory body 126 lawyers Undergraduate OR: A letter or 2 court law info@aifc- recommendation judgments or qualification court.kz/eJustice from a judge or orders client certificate
Enforcement in Kazakhstan Article 13 (8) Decisions of the AIFC Court are to be enforced “in the same way, and on the same terms, as decisions of the courts of the Republic of Kazakhstan” The AIFC Court represented by the AIFC Court Registrar or another authorised person of the AIFC Court on the basis of the AIFC Court decision issues the Execution Order, which is issued to the party or sent to the following authorities at the request of the party: Republican Ministry of Chamber of Private Justice of the RK Enforcement Officers
Enforcement abroad • CIS Conventions in part of enforcement: Minsk 1997, Chisinau 2002 и Kyiv 1992 • Bilateral agreements of Kazakhstan with Azerbaijan, China, Georgia, India, Kyrgyzstan, Uzbekistan, Lithuania, North Korea, Pakistan, Turkey, Turkmenistan, United Arab Emirates • Enforcing decisions in accordance with the principle of reciprocity (without agreement with governments or courts), such as with the United Kingdom of Great Britain and Northern Ireland, China and the USA
Applicable law The law to be applied by the AIFC Court is set out in Article 4 and Article 13(6) of the AIFC Constitutional Statute. The AIFC Court will apply: • AIFC Constitutional Statute, AIFC Regulations including the AIFC Court Regulations, and AIFC Court Rules; • such law as is agreed by the parties; • such law as appears to the Court to be the most appropriate in the facts and circumstances of the dispute.
Fees • All applications, administration and hearings at the AIFC Court are free of charge until 31 December 2021. • All parties to a contract which is agreed before 31 December 2021 and includes the AIFC Court for dispute resolution will be eligible to receive free administration of any dispute resolution at the AIFC Court under that contract before and after 31 December 2021.
International Arbitration Centre: • an independent, economical and expeditious alternative to court litigation • established by the AIFC Constitutional Statute as of 5 December 2017
Advantages • No administrative charges until the end of 2021 • Free choice of arbitrators • IAC Arbitration and Mediation Rules 2018/UNCITRAL Arbitration Rules/ad hoc arbitration or mediation rules • Final Award shall be made within 6 months from the date when the Tribunal is constituted unless Registrar orders otherwise • Highly experienced international arbitrators and mediators • A wide range of other methods of ADR
Who We Are Chairman, Barbara Dohmann QC over 40 years of experience, Queen’s Counsel Registrar and Chief Executive Christopher Campbell-Holt responsible for the day to day management and administration of the IAC, case management of arbitrations and mediations before the IAC, and the appointment of mediators at the IAC as provided by the IAC Arbitration and Mediation Rules.
IAC Panel of Arbitrators & Mediators
IAC Arbitration and Mediation Rules • most up-to-date arbitration and mediation rules • expedited procedure • multiple parties and contracts • appointment of emergency arbitrators • interim relief and early determination • resolution of investment treaty disputes
Fees • All applications, administration and hearings at the IAC are free of charge until 31 December 2021. • All parties to a contract which is agreed before 31 December 2021 and includes the IAC for dispute resolution will be eligible to receive free administration of any dispute resolution at the IAC under that contract before and after 31 December 2021.
Enforcement in Kazakhstan Article 14 (5) Awards of the International Arbitration Centre are to be recognized and enforced “in the same way, and on the same terms as, arbitration awards issued by arbitration institutions in the Republic of Kazakhstan” In order to ensure the execution of the IAC arbitration award, it is necessary to apply to the AIFC Court to obtain the Execution Order, which is issued to the party or sent, at the request of the party, to the following authorities: Republican Chamber Ministry of of Private Justice of the RK Enforcement Officers
Enforcement of IAC arbitration awards abroad • New York Convention 1958 • Agreements on cooperation with other international arbitration centres
Existing dispute resolution practice 9 January 2020, Almaty
How to file a claim or request an arbitration via eJustice? Registration: ➢ Create an account as USER ➢ Case manager’s approval as USER ➢ Log into the system using the password and login ➢ Create an account as Legal Practitioner ➢ Case manager approval for Law Firm Registration (RLW) eFiling: ➢ Create a Claim (fill out the online form) ➢ Claimant / Respondent ➢ Submit Claim form and Particulars ➢ Case management team : Issue case ➢ Service Summons to the Respondent ➢ Proof of service ➢ Respondent: Represent case ➢ Search: Case number № 00000000 ➢ Authentication code
Case Filing Process Flow
Case Life-Cycle
eFiling Role Activity Status of case Legal Practioner by Claimant New case is in save and not submitted Draft Legal Practioner by Claimant New case has submitted Pending Approval Registrar/Assistant Registrar New case has submitted Pending Approval Registrar/Assistant Registrar New case has been approved Case Accepted Registrar/Assistant Registrar New case has been rejected Rejected Legal Practioner by Claimant When Return of service is performed Case Accepted Legal Practioner by Respondent Represent case is performed Pleading Registrar/Assistant Registrar To assign Judge Pleading Registrar/Assistant Registrar When Judge assigned Pleading Judge Login when Judge need to accepted Pleading Judge Login When Judge accepted & schedule hearing Hearing Judge Hearing Ready for Hearing Hearing Hearing completed When Hearing completed Hearing Registrar To endorse Hearing Registrar Once endorsement completed Concluded
How to file a claim or request an arbitration via email? ➢ Create and send an email message to: info@aifc-court.kz, a.igenbayev@aifc-court.kz ➢ AIFC Court & IAC Case Management Department will issue the AIFC Court Claim Form or the IAC Request for Arbitration Form in response to your email ➢ A duly filled claim form or request for arbitration form and supporting documents should be sent to the above-mentioned emails in PDF format ➢ In case size of the sent documents exceed 10 MB, they have to be sent in stages with a clear notification about that in the email body
Contact us: Email: info@aifc-court.kz; info@aifc-iac.kz Tel.: +7 7172 64 73 37; +7 7172 64 72 51 Website: https://court.aifc.kz/ https://iac.aifc.kz/
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