Tag: Kazakhstan

Recent developments in commercial and investment arbitration in the CIS region (video)
By 23 June, 2021 0 Comments Read More →

Recent developments in commercial and investment arbitration in the CIS region (video)

On 25-26 May 2021, CIS Arbitration Forum conducted an online conference CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement. It brought together over 80 participants, including private practitioners, in-house lawyers and government officials. We present a recording of the first panel of the conference, which summarizes the most recent developments related to arbitration in selected jurisdictions. 0:13 […]

Posted in: Commercial Arbitration, Investor-State Arbitration
Gold Pool v Kazakhstan: the State is Not Bound by the Soviet Treaty
By 11 November, 2020 0 Comments Read More →

Gold Pool v Kazakhstan: the State is Not Bound by the Soviet Treaty

On July 30, 2020, an arbitral tribunal chaired by Albert Jan van den Berg, with David Williams and Gabriel Bottini as co-arbitrators, has rendered a unanimous award dismissing claims of a Canadian company, Gold Pool JV Ltd., against the Republic of Kazakhstan in international arbitration proceedings. In its decision, the Tribunal held that Kazakhstan was […]

Posted in: Investor-State Arbitration
Kazakhstan Defeats Enforcement of Investment Arbitration Award Against National Bank Assets
By 20 August, 2020 0 Comments Read More →

Kazakhstan Defeats Enforcement of Investment Arbitration Award Against National Bank Assets

The Svea Court of Appeal, on June 17th 2020, handed down its decision in the Republic of Kazakhstan v Stati et al annulling orders of attachment against assets of the National Bank of Kazakhstan. The court ruling is the latest development in the protracted process of enforcement of an SCC investor-state award granted against Kazakhstan […]

Posted in: Domestic Proceedings
The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement
By 16 December, 2019 0 Comments Read More →

The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement

On 10 December 2019, the Plenum of the Russian Supreme Court adopted the Resolution on the fulfillment by Russian courts of the assistance and control functions in respect of internal arbitration and international commercial arbitration. The Supreme Court revised the initial draft due to several recommendations. In particular, this document now contains essential rules with […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards
Взаимодействие государственных и третейских судов: Казахстан, Кыргызстан, Россия и Узбекистан
By 1 October, 2019 0 Comments Read More →

Взаимодействие государственных и третейских судов: Казахстан, Кыргызстан, Россия и Узбекистан

Взаимодействие государственных судов и арбитражей в сфере альтернативного разрешения споров: Материалы научно-практического семинара (Алматы, 12 октября 2018 г.) / Отв. ред. М.К. Сулейменов, А.Е. Дуйсенова. – Алматы, 2019. – 400 с. ISBN 978-601-7993-04-7 Interaction of state courts and arbitration in the field of alternative dispute resolution: Materials of a scientific and practical seminar (Almaty, Kazakhstan). […]

Posted in: Library
Domain disputes resolution in Kazakhstan
By 18 September, 2019 0 Comments Read More →

Domain disputes resolution in Kazakhstan

In the 21st century, legal disputes relating to information technology (IT) have become a widespread reality. One of the categories of IT disputes concerns domain names and their regulation. The legal protection of domain names is a complex procedure which can be achieved by means of litigation in a state court or institutional arbitration in […]

Posted in: Commercial Arbitration
Realization of impartiality and independence principles under the rules of Kazakhstani arbitral institutions
By 16 July, 2019 0 Comments Read More →

Realization of impartiality and independence principles under the rules of Kazakhstani arbitral institutions

The most reputable arbitral institutions throughout the world establish rules which serve as the basis for unbiased consideration of cases and disputing parties obtain guarantees that disputes between them will be resolved in strict compliance with the law. Arbitral institutions of Kazakhstan do not constitute an exception and most of them establish in their arbitration […]

Posted in: Commercial Arbitration
London High Court: too late for Kazakhstan to challenge an award issued on Canada-USSR BIT
By 22 June, 2019 1 Comments Read More →

London High Court: too late for Kazakhstan to challenge an award issued on Canada-USSR BIT

On 29 January 2019, by its Judgement, the High Court in London refused to allow Kazakhstan a time extension to pursue a challenge to an award on jurisdiction (Award). The High Court held that the fresh evidence obtained by Kazakhstan was not determinative that would justify reopening the jurisdictional matters of the case The proceedings […]

Posted in: challenging arbitral awards, Investor-State Arbitration
The place of the ‘competence-competence’ principle in the CIS countries legislation
By 7 May, 2019 0 Comments Read More →

The place of the ‘competence-competence’ principle in the CIS countries legislation

The internationally recognized and legally established principle of ‘competence-competence’ (kompentenz-kompetenz) authorizes an arbitral tribunal to decide itself whether it has the competence to resolve a dispute. The arbitration legislation of CIS countries firmly establishes the common requirements for applications of this principle. At the end of 2018 and beginning 2019, arbitration legislation of several CIS […]

Posted in: Commercial Arbitration
The legal novels in Kazakhstani arbitration legislation
By 18 March, 2019 0 Comments Read More →

The legal novels in Kazakhstani arbitration legislation

At the end of January 2019, the Parliament of Kazakhstan passed a law which introduced substantive changes in various Kazakhstani statutes. The law, among other things, amends the Law of the Republic of Kazakhstan “On Arbitration” (the Law on Arbitration). Three matters merit special attention: the competence of the Arbitration Chamber of Kazakhstan, the list […]

Posted in: Commercial Arbitration
Astana International Financial Centre’s (AIFC) Court: what is its position within the judicial system of Kazakhstan?
By 5 December, 2018 0 Comments Read More →

Astana International Financial Centre’s (AIFC) Court: what is its position within the judicial system of Kazakhstan?

On 5 July 2018, the President of Kazakhstan, in a festival atmosphere surrounded by representatives of the business community, opened the Astana International Financial Centre’s (AIFC) Court. From the legal standpoint, one of the most essential goals of the new institution is to offer protection of foreign investors. However, the establishment of the Court and its legal status raised a […]

Posted in: Domestic Proceedings
Round-Up of Investment Arbitrations Against CIS States: Recent Developments
By 21 March, 2017 0 Comments Read More →

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

In the December 2016 – March 2017 period, some major procedural developments occurred in several pending and concluded investment arbitrations against CIS states. In some of these pending disputes, arbitral tribunals have asserted jurisdiction over the investors’ claims, addressing noteworthy issues such as: provisional application of the Energy Charter Treaty, application of BITs to investments in Crimea and corruption […]

Posted in: Investor-State Arbitration
ASCOM case: Kazakhstan’s request to set aside is rejected, the SCC award “was not fraudulent”
By 10 January, 2017 0 Comments Read More →

ASCOM case: Kazakhstan’s request to set aside is rejected, the SCC award “was not fraudulent”

On 9 December 2016 the Svea Court of Appeal (Sweden) rejected Kazakhstan’s request for the award in Anatolie Stati, Gabriel Stati, Ascom Group SA and Terra Raf Trans Trading Ltd v Kazakhstan (Arbitral Award in SCC Case No. V (116/2010) the “Award“) to be set aside, finding Kazakhstan’s allegations regarding a presentation by investors during the […]

Posted in: Commercial Arbitration
Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms
By 28 September, 2016 0 Comments Read More →

Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms

One may compare arbitration with a car: it may be luxurious or modest, but to run it you always need four properly functioning wheels: arbitral institutions, parties, arbitrators and state courts. Tetiana Slipachuk, managing partner of Sayenko Kharenko law firm, reminded us of this while moderating the first arbitration section of the first Eastern European […]

Posted in: Commercial Arbitration, Domestic Proceedings, Events
Recent Investment Arbitration Cases involving CIS States
By 12 July, 2016 1 Comments Read More →

Recent Investment Arbitration Cases involving CIS States

While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]

Posted in: Investor-State Arbitration, Public International Law
New ADR Regulations enacted in Kazakhstan
By 26 January, 2016 0 Comments Read More →

New ADR Regulations enacted in Kazakhstan

Kazakhstan intends to reduce the caseload of the judicial system by expanding alternative dispute resolution procedures. On 1 January 2016 the new Civil Procedure Code, Entrepreneurial Code and an accompanying law on amending the current legislation came into force. The laws actively promote alternative dispute resolution procedures (ADR). Alternative Dispute Resolution: New Approach For many years the […]

Posted in: Uncategorized
Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan
By 26 November, 2015 0 Comments Read More →

Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan

The proceeding was concluded and the award was rendered on August 18, 2014. The award is not publicly available. More information can be found here.

Posted in: Investor-State Arbitration, Library
AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan
By 22 November, 2015 0 Comments Read More →

AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan

AIG Capital Partners arises out of a Request for Arbitration by AIG Capital Partners Inc  and CJSC Tema Real Estate Company requesting for arbitration of an “investment dispute” with the Republic of Kazakhstan. The claim in the Request for Arbitration arises out of the alleged expropriation of the Claimants‟ investment in a Real Estate Development […]

Posted in: Investor-State Arbitration, Library
Anatolie Stati and Others v. Republic of Kazakhstan
By 20 November, 2015 0 Comments Read More →

Anatolie Stati and Others v. Republic of Kazakhstan

In Anatolie Stati and others, a Stockholm Chamber of Commerce (SCC) Tribunal found that, through a “string of measures of coordinated harassment” of Claimants’ investments related to the Borankol and Tolkyn Fields and Munaibay Oil, to the Contract 302 Properties, and to the LPG Plant,” Kazakhstan violated the Fair and Equitable Treatment provision of the Energy Charter Treaty (ECT). As a […]

Posted in: Investor-State Arbitration, Library
Caratube International Oil Company LLP v. Republic of Kazakhstan
By 9 November, 2015 0 Comments Read More →

Caratube International Oil Company LLP v. Republic of Kazakhstan

In Caratube v. Kazakhstan, the ad hoc ICSID annulment committee (the “Committee”) dismissed Caratube International Oil Company LLP’s (“CIOC”) application for annulment, finding that the ICSID tribunal (the “Tribunal”) did not (i) manifestly exceed its powers; (ii) seriously depart from a fundamental rule of procedure; or (iii) fail to state the reasons on which it based its decision, […]

Posted in: Library
KT Asia Investment Group B.V. v. Republic of Kazakhstan
By 19 August, 2014 0 Comments Read More →

KT Asia Investment Group B.V. v. Republic of Kazakhstan

KT Asia Investment Group B.V. v Kazakhstan, ICSID Arbitration, Award dated August 2013

Posted in: Library
ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award
By 28 May, 2013 0 Comments Read More →

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan.  While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]

Posted in: Investor-State Arbitration, Public International Law
Liman Caspian Oil BV & ors v. Republic of Kazakhstan
By 25 May, 2013 0 Comments Read More →

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV and NCL Dutch Investment BV v Republic of Kazakhstan, ICSID Case No. ARB/07/14, Award dated 22 June 2010 (excerpts)

Posted in: Investor-State Arbitration, Library
Rumble Telekom v. Republic of Kazakhstan
By 27 February, 2013 0 Comments Read More →

Rumble Telekom v. Republic of Kazakhstan

Rumeli Telekom A.S.and Telsim Mobil Telekomikasyon Hizmetleri A.S. v Republic of Kazakhstan, ICSID Arbitration (No. ARB:05:16), Award dated 17 July 2008

Posted in: Library
Investor (unnamed) v. Republic of Kazakhstan
By 26 February, 2013 0 Comments Read More →

Investor (unnamed) v. Republic of Kazakhstan

Investor vs. Kazakhstan, SCC Arbitration (No. 122/2001), Award dated 2004

Posted in: Library
Caratube v. Kazakhstan Contributes to the Definition of Investment Debate
By 16 October, 2012 0 Comments Read More →

Caratube v. Kazakhstan Contributes to the Definition of Investment Debate

We reported earlier that in June 2012 an ICSID tribunal dismissed Caratube International’s USD 1 billion claim against Kazakhstan on jurisdictional grounds. The full text of the award has now been released and is discussed in this article. The dispute centred around the termination of Caratube’s licence to an oilfield in Kazakhstan and allegations that Caratube […]

Posted in: Commercial Arbitration, Investor-State Arbitration, Public International Law
ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan
By 14 June, 2012 1 Comments Read More →

ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan

According to the Kazakh Ministry of Justice, a foreign company which initiated a dispute against Kazakhstan has failed to establish that it was controlled by a national of a state party to the ICSID Convention. The ICSID tribunal in Caratube International Oil Company v Kazakhstan decided that the claim was brought by a Kazakh company which failed […]

Posted in: Investor-State Arbitration
Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan
By 30 May, 2012 1 Comments Read More →

Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan

In a decision released by the ICSID on May 25, 2012 the Tribunal found that the Turkey-Turkmenistan BIT required submission of the dispute in question to the national courts before the initiation of international arbitration proceedings. The tribunal however specifically noted that it is yet to decide on the effect of non-compliance with this condition. […]

Posted in: Investor-State Arbitration, Public International Law
Conference in Brussels: Current Issues in Arbitration in CIS Countries
By 30 March, 2012 0 Comments Read More →

Conference in Brussels: Current Issues in Arbitration in CIS Countries

The Association for International Arbitration, the CIS Arbitration Forum and a number of co-sponsors are hosting an arbitration conference in Brussels on 21 June 2012. Speakers from various CIS jurisdictions will discuss a range of issues related to arbitration in the region. The topics include the policy of CIS countries towards arbitration, bribery, Russia-related arbitration […]

Posted in: Commercial Arbitration, Events
Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan
By 29 May, 2011 0 Comments Read More →

Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan

This article is devoted to actual issues of subsoil users’ disputes in international arbitration, particularly, to the definition of international investment arbitration, investment dispute, and provides a brief analysis of current legislation of the Republic of Kazakhstan in regards to exclusive competence of state courts on specific issues. As we know, there are several types […]

Posted in: Investor-State Arbitration
Confidentiality in Arbitration under Kazakhstan Law
By 28 March, 2011 0 Comments Read More →

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions. In practice, however, a number of problems related to confidentiality remain unresolved. The controversial issues include disclosure of information related to cases of particular importance to the society at large, observance of confidentiality at the stage of enforcement of arbitral […]

Posted in: Commercial Arbitration