Посты с тэгом: AIFC Court

The competition involved a common law legal problem requiring analysis and oral presentation of legal arguments to leading common law judges with a combined total of more than 90 years of common law experience. Two student teams representing the strongest schools of law mooting teams in the Republic of Kazakhstan – M. Narikbayev KAZGUU University and KIMEP University – took part in this legal competition.

The Moot Final was conducted in English – the official language of the AIFC. KIMEP University won the AIFC Court & IAC Moot Final and was awarded “The AIFC Court & IAC Moot Final Winners Cup”. All final participants won an opportunity to experience an internship at the AIFC Court and IAC.

The moot competition is a well-known student simulation of a court hearing, in which young future lawyers have a chance to analyse a legal problem, research the relevant law, prepare written submissions, and present oral argument to experienced practicing judges. TheAIFC Court & IAC Moot Final applied the English common law.

The Rt. Hon. Sir Robin Jacob, Justice of the AIFC Court, the Rt. Hon, Sir Stephen Richards, Justice of the AIFC Court, judged the “Moot” final. The Rt. Hon. The Lord Mance, Chair of the International Law Association and former Deputy President of the Supreme Court of the United Kingdom, was also one of the judges in the “Moot” final.

Sir Robin Jacob, Justice of the AIFC Court, stated:

“I was really impressed by the level of preparation of both student teams. They studied a complex legal problem in a relatively short period of time. They also demonstrated an excellent command of English language. I was delighted to see that such talented Kazakhstani youth has such a genuine interest in the English common law and that such students want o practice common law at the AIFC Court in the future.”

Mr. Christopher Campbell-Holt, Registrar and Chief Executive, AIFC Court and International Arbitration Centre commented:

“The “Moot” is just one part of our extensive legal education program this year. 2018 has been a pilot-year and first year of our operation, but nevertheless we have managed to organise three intensive training programs delivered by world-class common law academics and law practitioners from the University of Cambridge, University College London, and the Centre for Effective Dispute Resolution. The Moot Final is a final milestone in this 2018 legal education program for the AIFC Court and IAC. We aim to expand the Moot competition in 2019 to include law schools from elsewhere in Kazakhstan and throughout the Eurasia region.”

The AIFC Court and IAC held the Moot Final in the framework of their continuing legal education program aimed to support the delivery of high quality common law legal education and training to meet the needs of lawyers and judges in Kazakhstan and the Eurasia region.

Reference:

AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute “On the Astana International Financial Centre” (AIFC). The aim of the AIFC is to establish a leading international centre for financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in financial services, develop local capital markets, ensuring their integration with the international capital markets. https://aifc.kz/

The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. The AIFC Court is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to any disputes that are of a criminal or administrative nature. It applies the most up to date and efficient case management practices.

The AIFC International Arbitration Centre (IAC) is an independent legal entity. It has its own procedural rules modelled on best international practice. It has its own panel of leading international arbitrators and mediators having many years of arbitration and mediation experience in commercial law, including oil and gas, trade, construction, energy, financial services, banking, Islamic finance, insurance and copy right. IAC arbitration awards are recognised and enforceable in Kazakhstan and internationally.

From 18 to 23 June the AIFC Court and the International Arbitration Centre at the AIFC, in cooperation with the AIFC Bureau for Continuing Professional Development, is holding their first AIFC Legal Week(“Legal Week”) in Astana.

Legal Week comprises three intensive training programs delivered by world-class common law academics and law practitioners from the University of Cambridge, University College London, and the Centre for Effective Dispute Resolution. The programs are attended by more than one hundred law, financial, and other business professionals from a variety of industry sectors in the Eurasia region.

The first program was a two-days program entitled “International Commercial Law for Finance Professionals and Lawyers” and was delivered in Astana at KAZGUU University during 18-19 June 2018 by Dr. Marc Moore, Director of the Masters in Corporate Law (MCL) degree and Co-Director of the Centre for Corporate and Commercial Law (3CL) in the Faculty of Law at the University of Cambridge. This program explored a range of key issues including common law method, the law of contract, capital markets regulation, and corporate governance.

Dr. Marc Moore commented:

“Participants were encouraged to understand common law less as a rigid body of rules that constrains commercial activity and more as a dynamic structural framework that can potentially be utilised and adapted in accordance with contracting parties’ own private needs and preferences.”

The second program was a two-days program entitled “Introduction to the English Common Law” and was delivered in Astana on 19-20 June at the Eurasian National University by Professor Dame Hazel Genn, Professor of Socio-Legal Studies and former Dean in the Faculty of Laws at University College of London (UCL). The program provided an introduction to the functions of law and the history of the common law, the rule of law and the independence of the judiciary, the doctrine of precedent and case reading, and statutory interpretation.

Professor Dame Hazel Genn commented:

“I’m very glad to see that my course raised a significant interest in the professional legal community of Kazakhstan. For example, a certain number of people, senior associates, and partners from leading international and local law firms came from Almaty specifically for this course. I’m sure that the skills and knowledge which they received during the two-days of lectures will be beneficial for their current job. I hope they won’t stop their studies of the English common law system with my course and will continue it by themselves”.

The third program is a six-days program to provide accredited mediator skills training and is delivered in Astana at KAZGUU University by the Centre for Effective Dispute Resolution (CEDR), a global standard of excellence for mediation training and facilitator of mediations of international business disputes. Twelve Kazakh national participants were selected by the AIFC Academic Council during a competitive interview process. At the end of the program after the final assessment the participants will be awarded the internationally recognised CEDR accredited mediator skills qualification.

All of the programs are designed to encourage Kazakh lawyers and business professionals traditionally from a civil law background to think and reason like English common lawyers, especially in relation to commercial and business disputes.

Christopher Campbell-Holt, Registrar and Chief Executive of the AIFC Court and the International Arbitration Centre, commented:

“Legal Week provides a unique opportunity for the first time in Kazakhstan and the Eurasia region for concentrated multiple common law training to be delivered by leading common law academics and practitioners. We are delighted to welcome so many participants not just from Kazakhstan but also from various countries within the Eurasia region. We are extremely fortunate and grateful to partner with leading law schools in Astana at KAZGUU and the Eurasian National University, CEDR, and academics from the University of Cambridge and UCL. The feedback already received from the participants is such that the AIFC Court and IAC now expect to provide continued comprehensive legal and dispute resolution education programs in Astana, in addition to distinguished lectures on the common law that are regularly given by the judges of the AIFC Court in partnership with state and commercial partners.”

Reference:

The AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute “On the Astana International Financial Centre” (AIFC). The aim of the AIFC is to establish a leading international centre of financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in the financial services, develop local capital markets, ensuring their integration with the international capital markets. https://aifc.kz/

The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. It is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a final Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to any disputes that are of a criminal or administrative nature. The AIFC Court applies the most up to date and efficient case management practices.

The International Arbitration Centre, Astana (IAC) is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. It has its own panel of world leading arbitrators and mediators comprising many years of arbitration and mediation experience in such areas as oil and gas, trade, construction, energy, Islamic finances, banking, copy right and other areas of civil and commercial law. IAC arbitration awards are enforced in Kazakhstan via the AIFC Court and internationally.

On Monday 14 May 2018 Justice Jackson spoke at the AIFC Law Conference in Almaty which was attended by senior lawyers from Kazakhstan, Eurasian and international law firms, and national and international corporations based in Almaty.

Justice Jackson, a former Lord Justice of Appeal in the Court of Appeal of England and Wales, explained how lawyers and parties to a dispute can use the AIFC Court, how they can engage with its other activities and access its overall services. He explained that the AIFC Court has “opt-in” jurisdiction which enables any party, even parties that are not AIFC Participants or otherwise connected to the AIFC, to file a claim at the AIFC Court, provided that all of the parties to the dispute agree. Mr. Christopher Campbell-Holt, AIFC Court and IAC Registrar and Chief Executive, moderated the Law Conference and presented and answered questions on the IAC.

Mr. Campbell-Holt commented:

“The IAC provides world-class arbitration and mediation services applying the highest and most up to date international standards to provide a credible alternative to parties who wish to resolve a commercial dispute outside of a more traditional Court setting. The procedures at the IAC provide maximum flexibility and cost efficiency which will be of particular interest to international investors who are considering investing in the AIFC and the Republic of Kazakhstan.”

Also this week, Justice Jackson gave lectures as apart of the “AIFC Court and IAC Distinguished Lectures Programme” to judges at the Republic of Kazakhstan Supreme Court in Astana.

Justice Jackson also gave lectures to law students at KIMEP University in Almaty and at Eurasian National University in Astana. The lectures informed audiences about a range of topics that are relevant to the AIFC Court, including about the AIFC Court itself, the English common law, Justice Jackson’s work over many years to reform the civil justice procedures in England and Wales to reduce delays and costs of litigation, and about law student mooting techniques.

Justice Jackson also presented and answered questions on the AIFC Court at a special event in Astana that was organized by the international law firm, Dentons, and he met lawyers and clients of that law firm at that event.

Justice Jackson commented:

“It was a real pleasure and privilege for me to meet so many Kazakhstan judges, lawyers, and students, in the course of this week. We have had many fruitful exchanges. Lawyers and law professors here have explained to me how the Kazakhstan legal system works. I am hugely impressed. I hope that our experiences in common law courts will be of interest and assistance to Kazakhstan lawyers and judges. The AIFC Court operates on the common law, but we are also mindful to take account of the beneficial aspects of Kazakhstan law. Lawyers from all jurisdictions have much to learn from talking to each other and visiting one another’s courts.”

Reference:

AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute “On the Astana International Financial Centre” (AIFC). The aim of the AIFC is to establish a leading international centre of financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in the financial services, develop local capital markets, ensuring their integration with the international capital markets. https://aifc.kz/

The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. The AIFC Court is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to any disputes that are of a criminal or administrative nature. It applies the most up to date and efficient case management practices. www.aifc-court.kz

The AIFC International Arbitration Centre (IAC) is an independent legal entity. It has its own procedural rules modelled leading international practice. It has its own panel of world leading arbitrators and mediators comprising many years of arbitration and mediation experience in commercial law areas including oil and gas, trade, construction, energy, Islamic finance, banking, and copyright. IAC arbitration awards are recognised and enforceable in Kazakhstan and internationally. www.aifc-iac.kz

The Astana Financial Services Authority (AFSA) is a legal entity and statutory body of the Republic of Kazakhstan, and was established in accordance with the Constitutional Law of the Republic of Kazakhstan “On the Astana International Financial Centre”. AFSA is a regulator of both financial and non-financial services activities. It regulates Centre Participants carrying out financial and ancillary services and capital markets activities within the territory of the AIFC. AFSA is also the regulator of companies registered by the AFSA that carry out non-financial services activities. The governing body of AFSA is the Board of Directors headed by its Chairman. The AFSA Board of Directors oversees the Executive Body, carries out overall management, identifies strategic directions of the AFSA, adopts AFSA’s regulatory acts and within the AFSA’s competence exercises other powers established by resolutions of the AIFC Management Council and/or the AIFC Governor.