Astana International Financial Centre Court (AIFC Court) – Overview

The Astana International Financial Centre Court (AIFC Court) is a common law-based judicial system operating in accordance with international standards. It resolves civil and commercial disputes arising within the AIFC framework. The Court has jurisdiction exclusively over disputes related to AIFC activities, as well as any other disputes where all parties have expressly agreed in writing to submit to its jurisdiction.

Jurisdiction of the AIFC Court

The AIFC Court has exclusive jurisdiction over disputes arising from AIFC operations and activities, and also jurisdiction over other matters where parties agree to submit disputes to it, including:

1. Disputes between AIFC participants, AIFC bodies, and/or their foreign employees; 
2. Disputes relating to transactions carried out within the AIFC and governed by AIFC law; 
3. Any disputes submitted to the Court by agreement of the parties; 
4. Interpretation of AIFC legal acts. 

In accordance with Article 13(4) of the Constitutional Law of the Republic of Kazakhstan on the AIFC, the AIFC Court does not exercise criminal or administrative jurisdiction.

Operations of the AIFC Court

The AIFC Court is fully independent and does not form part of the judicial system of Kazakhstan. It includes a Court of Appeal whose decisions are final. The Court operates under its own procedural rules based on the principles of English and Welsh common law and international best practices.

A Small Claims Court procedure is available for disputes up to USD 150,000, providing an expedited resolution process. The Court also operates an eJustice system, enabling electronic filing of claims from anywhere in the world and remote hearings via video conferencing when appropriate.

Court decisions are enforceable in Kazakhstan through a reliable enforcement framework.

Composition of the AIFC Court

In addition to the Chief Justice, the Court includes ten judges. Six judges may sit in both the Court of First Instance and the Court of Appeal, while others specialize in Small Claims Court cases. All judges are highly experienced international jurists from common law jurisdictions, recognized for their independence, impartiality, and adherence to the rule of law.

Model AIFC Court Clause

“Any dispute arising out of or in connection with this contract, whether contractual or non-contractual, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the AIFC Court. The language of proceedings shall be English. This contract shall be governed by [insert applicable law].”