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Representation in AIFC courts

The Astana International Financial Center Court (AIFC) is an independent judicial system that operates in strict compliance with international standards. The court's jurisdiction includes primarily commercial and civil disputes.

In fact, the MFCA court is an example of English law in Kazakhstan: it is based on the legal principles of England and Wales.

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AIFC Court Features

The Court of the Astana International Financial Center is a unique judicial system based on the principles and rules of the case law of England and Wales. It is attractive to many entrepreneurs because of its compliance with the best international standards, according to which the AIFC judges make decisions. The specialists of the Law Council Group, having the necessary qualifications, being registered in the Court office, are authorized to represent their clients in full.

First of all, he deals with disputes arising from the activities of the AIFC. He also takes on cases in which both sides have decided to refer them here for consideration. With only one exception: the court does not deal with criminal cases and administrative offenses.

It should be noted that the AIFC court has no connection with the judicial system of the Republic of Kazakhstan. It functions independently: cases are handled exclusively in the international (English) language. Therefore, representation in the AIFC courts should be appropriate: lawyers dealing with cases must be fluent in English. As for the judicial proceedings in the AIFC, the judges are foreign experts in the field of a particular branch of law.

They should certainly have experience working in international courts.

The main advantages of the AIFC Court

All decisions made by the AIFC court are monitored and supported by the executive system in Kazakhstan. Lawyers from all over the world can also join to represent the interests of the parties. These are both lawyers and consulting lawyers who have the appropriate licenses. They have the right to register with the court's office to protect the interests of their clients in the AIFC court.

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Autonomy

He is not subordinate to the judicial system of the Republic of Kazakhstan. In fact, this is the international commercial court of the AIFC.

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Exclusive jurisdiction

In other words, disputes related to the direct activities of the Astana International Financial Center are mainly being considered.

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Accelerated procedure

This is usually true for small claims (where the amount involved is up to 150,000 US dollars).

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Having your own procedural rules

They may seem unusual for the standard judicial system of Kazakhstan, because they are based on English law with a focus on finance. That is, the court proceedings in the AIFC are radically different from the rest.

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The possibility of a claim in electronic form

The ability to file a claim electronically. In other words, applicants can be citizens of other countries living anywhere in the world. Moreover, their personal presence at the court hearing is optional.

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Which cases are dealt with most often

As mentioned above, these are mainly financial and commercial disputes. 

Among them are:

  • relationships with business partners;
  • disputes with investors;
  • contractual issues between companies registered in the AIFC;
  • corporate conflicts;
  • difficulties with financial institutions and the need to resolve them. As a rule, we are talking about investment funds or banking organizations.
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Lawyers of the AIFC Astana

The AIFC Astana lawyers are engaged in international commercial arbitrations on a separate basis.

Generally speaking, the court mainly raises issues related to debt obligations, purchase and sale agreements, payments, land and labor law issues.

In order for the claim to be satisfied, it is necessary to resort to the help of professionals. They will help you draft a statement correctly, as well as take on representation in court. It is very difficult to sort out such cases on your own, especially for a layman who is not familiar with the international legal system. Nevertheless, the norms of English law differ significantly from Kazakh legislation, which may lead to confusion. But a dispute lawyer at the AIFC will certainly be able to figure everything out.

Why do you NEED a professional

Firstly, only an experienced person with a law degree is familiar with English law and understands international judicial practice.

As a rule, this is an international lawyer or a specialist in arbitration procedures (depending on the subject of the future dispute).

Secondly, a layman will not be able to correctly file a claim and prepare all the necessary documents. Especially if we are talking about a person who has never dealt with courts and legal proceedings before. Any mistake can lead to losing the case and incurring financial costs.

The Law Consult Group law agency is what is needed for litigation in the AIFC. Experienced lawyers work here, offering their services in resolving conflicts both in court and in pre-trial.

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Why choose the Law Consult Group

To deal with issues related to the commercial law of the AIFC, it is necessary to seek the help of professional lawyers from the Law Consult Group.

  • competent specialists, real professionals in their field;
  • deep knowledge of international law;
  • save time and money;
  • freeing the client from all bureaucratic difficulties.
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FAQ
Which will be the cost of establishing an AIFC company?
The cost of setting up an AIFC company depends on various factors, including the scope of business and the need for licenses. The price for services for opening a company also depends on the amount of government fees, which may vary in each specific case. Apply on our website and we will contact you for detailed consultation and cost estimate of establishing your company. We are confident that we can offer you the best price on the market for turnkey business registration services in the AIFC, including a full package of documents, etc.
How long does it take to open a company in the AIFC?
As with costs, the process of registering a company in the AIFC might take varying amounts of time. On average, opening an AIFC company usually takes about 7 days.
Is it possible to register a company in the AIFC remotely, without the need for personal presence?
It is possible. We are ready to register a company in the AIFC remotely, without your physical presence, and prepare all the necessary documents for the successful launch of your business.
Do I require a place of business to establish a company?
Almost all types of companies subject to registration in the AIFC require a legal address in the office space. Our experts are ready to assist you with renting a legal address within the AIFC territory.
What is the AIFC territory comprised of?
The boundaries of the AIFC territory were determined by Decree of the President of the Republic of Kazakhstan No. 161 dated December 31, 2015 and extend far beyond the EXPO. In fact, the AIFC occupies 1,632 hectares on the left bank in the city of Astana. Our office is located within this territory, which makes it feasible for us to provide a legal address for registering companies in the AIFC.
What are the challenges the citizens of the Russian Federation and the Republic of Belarus may come across when establishing an AIFC company?
Certain difficulties are possible, but we successfully resolve them in almost 100% of cases. It is important to note that the process of opening a company takes at least one month.
Can I get a free consultation?
Yes, we have such an opportunity. Our managers are ready to provide you with advice via WhatsApp, Telegram or by phone, including in the Russian language. A free 15-minute consultation with lawyers via Zoom is also available. However, you may order a fee-based detailed one-hour consultation with a lawyer.
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