Key Differences Between the AIFC Court and the State Courts of the Republic of Kazakhstan
The Astana International Financial Centre (AIFC) Court is a judicial body operating on the principles and rules of English common law. The Court administers justice in accordance with international standards for the resolution of civil and commercial disputes.
It has exclusive jurisdiction over disputes arising in connection with AIFC activities, as well as disputes referred to the AIFC Court by agreement of the parties.
Below are the key differences between the AIFC Court and the state courts of the Republic of Kazakhstan.
Language of Proceedings
- State Courts: Proceedings in the state courts are conducted in the Kazakh language. Alongside Kazakh, Russian is officially used, and in cases предусмотренных законом, other languages may also be used. In practice, proceedings are most commonly conducted in either Kazakh or Russian.
- AIFC Court: Proceedings in the AIFC Court are conducted exclusively in English.
Rules of Evidence
- State Courts: State courts generally place primary emphasis on documentary evidence.
- AIFC Court: The AIFC Court provides significantly broader procedural tools for gathering and presenting evidence. These include witness testimony, cross-examination, and the submission of various forms of evidence admissible under the AIFC Court Rules. The Court places considerable weight on witness testimony and assesses disputes based primarily on their substantive merits rather than solely on formal procedural aspects.
Timeframe for Case Consideration
- State Courts: The state court system provides for multiple levels of appeal, including the court of first instance, appellate court, and cassation review. Proceedings before the court of first instance typically take three to four months. Appeals generally take up to two months, while cassation proceedings may require up to an additional three months. As a result, a final and enforceable judgment is usually obtained within approximately eight months.
- AIFC Court: Proceedings before the Court of First Instance generally take longer than in the state courts—typically between four and eight months, depending on the complexity of the case. However, most disputes are resolved at first instance, and appeals to the AIFC Court of Appeal are comparatively rare. As a result, the overall duration of proceedings is generally comparable to that of the state courts.
Requirements for Legal Representatives
- State Courts: A party may be represented by an individual holding a higher legal education degree and registered either as a legal consultant or as an advocate.
- AIFC Court: In addition to meeting the requirements applicable to state courts, representatives must also be registered with the AIFC Court Registry in order to act on behalf of parties in AIFC Court proceedings.
Court Fees
- State Courts: The state duty is 1% or 3% of the claim amount, depending on whether the claimant is an individual or a legal entity.
- AIFC Court: Court fees amount to 0.5% or 1.5% of the claim amount, depending on whether the claimant is an individual or a legal entity.
| The AIFC Court and the state courts of the Republic of Kazakhstan offer different procedural mechanisms and approaches to dispute resolution. The REVERA Kazakhstan team can help determine the most effective jurisdiction, develop an optimal litigation strategy, and provide comprehensive legal support throughout every stage of the dispute resolution process. |
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