Astana International Financial Centre International Arbitration Centre (IAC)

General Overview

The International Arbitration Centre (IAC) is an independent, cost-efficient, and expeditious alternative to court proceedings. It operates in accordance with leading international standards for the resolution of civil and commercial disputes within the AIFC.

Jurisdiction of the IAC

The IAC provides parties with maximum flexibility in selecting the rules and procedures for dispute resolution. Parties may agree that the IAC will:

1. Administer arbitration proceedings under the IAC Arbitration and Mediation Rules 2018, which include expedited procedures, emergency arbitrator appointments, and investor–state dispute resolution mechanisms; 
2. Administer arbitration proceedings under the UNCITRAL Arbitration Rules or any other arbitration rules agreed by the parties; 
3. Conduct mediation under the IAC Arbitration and Mediation Rules 2018 or other mediation rules agreed by the parties; 
4. Provide other forms of alternative dispute resolution. 

Activities of the IAC

The IAC operates an eJustice system that enables parties to submit claims electronically from anywhere in the world without the need for physical presence. Hearings may be conducted via video conference where the arbitrator or mediator considers in-person attendance unnecessary or impractical. Efficient case management ensures timely and cost-effective resolution of disputes.

IAC awards are enforceable in the Republic of Kazakhstan in the same manner as decisions of the AIFC Court and are supported by a robust enforcement framework. They are also enforceable internationally under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Composition of the IAC

The IAC maintains a panel of distinguished international arbitrators and mediators with extensive experience, independence, impartiality, and high ethical standards. The IAC acts as an appointing authority for arbitrators and mediators from its panel for proceedings conducted within the IAC or elsewhere. It is supported by a professional case management team under the Registrar.
Model IAC Arbitration Clause

“Any dispute, controversy, difference, or claim, whether contractual or non-contractual, arising out of or in connection with this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration administered by the International Arbitration Centre of the Astana International Financial Centre (“IAC”) in accordance with the IAC Arbitration and Mediation Rules in force at the date of submission of the Request for Arbitration to the Registrar, which rules shall form an integral part of this clause/Agreement.”

Appointment of Arbitrators

The number of arbitrators shall be [one / three].

• In the case of a sole arbitrator: the arbitrator shall be appointed by agreement of the parties. If the parties fail to agree within [10] days from the date of commencement notified by the IAC Registrar, the arbitrator shall be appointed by the Chairman of the IAC upon request of either party. 

OR

• In the case of a three-member tribunal: each party (or co-claimants/respondents where applicable) shall appoint one arbitrator within [10] days from the commencement date notified by the IAC Registrar. The two appointed arbitrators shall jointly appoint the presiding arbitrator within [20] days after the commencement date. If the tribunal is not fully constituted within this period, any party may request the Chairman of the IAC to appoint the remaining arbitrator(s). 

Seat of Arbitration and Applicable Law

The seat of arbitration shall be the AIFC in Astana, Kazakhstan. The law of the seat shall govern the arbitration proceedings.

Language of Arbitration

The language of the arbitration shall be [insert chosen language].

Governing Law of the Agreement

The substantive law governing this Agreement shall be the substantive law of [specify country].

Qualifications of Arbitrators

Arbitrators shall meet the following qualifications:

• [May / may not be of a specified nationality] 
• [Possess relevant professional qualifications, e.g., legal expertise, experience in oil & gas, construction, finance, accounting, engineering, etc.] 
• [Be fluent in the language of the arbitration proceedings]