covid-19: online dispute resolution at the aifc court and … of the webinar 1... · 2020. 4....
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COVID-19: Online dispute
resolution at the AIFC
Court and International
Arbitration Centre15 APRIL 2020
AIFC Court:
• an independent common law court system that
operates to resolve civil and commercial disputes in the
AIFC
• separate from the Republic of Kazakhstan judicial
system
• established by the AIFC Constitutional Statute as of 5
December 2017
Advantages
• No fees
• Fully independent common law court system
• Specialist common law judges with commercial law
expertise covering the full range of AIFC offerings
• Own procedural rules modelled on English common law
procedures and leading international practice
• “eJustice” – world-class e-filing system
• The AIFC Court of Appeal decisions are final and
mandatory for all individuals and legal entities
• Geographical location
10 distinguished common law judges,
including the Chief Justice of the AIFC Court, The Rt. Hon. The Lord Mance
Registrar and Chief ExecutiveChristopher Campbell-Holt
responsible for the day to day management and administration of the Court and case management of litigation before the Court
Who We Are
THE RT. HON. THE
LORD MANCE
THE RT. HON. SIR
STEPHEN RICHARDS
THE RT. HON. SIR
ROBIN JACOB THE RT. HON. SIR
RUPERT JACKSON
THE RT. HON. SIR
JACK BEATSON FBA THE RT. HON. THE
LORD FAULKS QC
ANDREW SPINK QC THOMAS MONTAGU-
SMITH QC
PATRICIA EDWARDS CHARLES BANNER QC
Justices
Court of AppealCourt of First Instance
Small Claims
Court
Structure of the AIFC Court
• Up to USD 150,000
• Up to USD 300,000 + all parties’ written consent
• Employment claims + all parties’ written consent
Jurisdiction
• Civil and commercial disputes between AIFC participants,
AIFC bodies and (or) their foreign employees (with the
exception of criminal and administrative cases)
• Disputes concerning any operation under the AIFC
• Disputes referred to the AIFC Court by agreement of the
parties
Letter of good standing from the lawyer's
regulatory body
[email protected]/eJustice
Current licence or certificate to practice law
Professional lawyer or advocate qualification
OR: A letter or recommendation from a judge or
client
Undergraduate law
qualification certificate
[email protected]/eJustice
126 lawyers
Rights of Audience
2 court judgments or
orders
Article 13 (8) Decisions of the AIFC Court are to be enforced “in the same way, and on the same terms, as decisions of the
courts of the Republic of Kazakhstan”
The AIFC Court represented by the AIFC Court
Registrar or another authorised person of the
AIFC Court on the basis of the AIFC Court
decision issues the Execution Order, which is
issued to the party or sent to the following
authorities at the request of the party:
Republican
Chamber of Private
Enforcement
Officers
Ministry of
Justice of the RK
Enforcement in Kazakhstan
Enforcement abroad
• CIS Conventions in part of enforcement: Minsk 1997, Chisinau
2002 и Kyiv 1992
• Bilateral agreements of Kazakhstan with Azerbaijan, China,
Georgia, India, Kyrgyzstan, Uzbekistan, Lithuania, North
Korea, Pakistan, Turkey, Turkmenistan, United Arab Emirates
• Enforcing decisions in accordance with the principle of
reciprocity (without agreement with governments or courts),
such as with the United Kingdom of Great Britain and Northern
Ireland, China and the USA
Applicable law
The law to be applied by the AIFC Court is set out in Article
4 and Article 13(6) of the AIFC Constitutional Statute.
The AIFC Court will apply:
• AIFC Constitutional Statute, AIFC Regulations including
the AIFC Court Regulations, and AIFC Court Rules;
• such law as is agreed by the parties;
• such law as appears to the Court to be the most
appropriate in the facts and circumstances of the dispute.
Fees
• All applications, administration and hearings at the AIFC
Court are free of charge until 31 December 2021.
• All parties to a contract which is agreed before 31
December 2021 and includes the AIFC Court for dispute
resolution will be eligible to receive free administration of
any dispute resolution at the AIFC Court under that
contract before and after 31 December 2021.
International
Arbitration Centre:
• an independent, economical and expeditious
alternative to court litigation
• established by the AIFC Constitutional Statute as
of 5 December 2017
Advantages
• No administrative charges until the end of 2021
• Free choice of arbitrators
• IAC Arbitration and Mediation Rules 2018/UNCITRAL
Arbitration Rules/ad hoc arbitration or mediation rules
• Final Award shall be made within 6 months from the date
when the Tribunal is constituted unless Registrar orders
otherwise
• Highly experienced international arbitrators and mediators
• A wide range of other methods of ADR
Chairman, Barbara Dohmann QC
over 40 years of experience, Queen’s Counsel
Registrar and Chief ExecutiveChristopher Campbell-Holt
responsible for the day to day management and administration of the IAC, case management of arbitrations and mediations before the IAC, and the appointment of mediators at the IAC as provided by the IAC Arbitration and Mediation Rules.
Who We Are
IAC Panel of Arbitrators & Mediators
IAC Arbitration and
Mediation Rules
• most up-to-date arbitration and mediation rules
• expedited procedure
• multiple parties and contracts
• appointment of emergency arbitrators
• interim relief and early determination
• resolution of investment treaty disputes
Fees
• All applications, administration and hearings at the IAC are
free of charge until 31 December 2021.
• All parties to a contract which is agreed before 31
December 2021 and includes the IAC for dispute
resolution will be eligible to receive free administration of
any dispute resolution at the IAC under that contract
before and after 31 December 2021.
Article 14 (5) Awards of the International Arbitration Centre are to be recognized and enforced “in the same way, and on the
same terms as, arbitration awards issued by arbitration institutions in the Republic of Kazakhstan”
In order to ensure the execution of the IAC arbitration
award, it is necessary to apply to the AIFC Court to
obtain the Execution Order, which is issued to the
party or sent, at the request of the party, to the
following authorities:
Ministry of
Justice of the RK
Republican Chamber
of Private
Enforcement Officers
Enforcement in Kazakhstan
Enforcement of IAC
arbitration awards abroad
• New York Convention 1958
• Agreements on cooperation with other
international arbitration centres
9 January 2020, Almaty
Existing dispute resolution practice
Registration:
➢ Create an account as USER
➢ Case manager’s approval as USER
➢ Log into the system using the password and login
➢ Create an account as Legal Practitioner
➢ Case manager approval for Law Firm Registration (RLW)
How to file a claim or request an arbitration via eJustice?
eFiling:
➢ Create a Claim (fill out the online form)
➢ Claimant / Respondent
➢ Submit Claim form and Particulars
➢ Case management team : Issue case
➢ Service Summons to the Respondent
➢ Proof of service
➢ Respondent: Represent case
➢ Search: Case number №00000000
➢ Authentication code
Case Filing Process Flow
Case Life-Cycle
eFiling
Role Activity Status of case
Legal Practioner by Claimant New case is in save and not submitted Draft
Legal Practioner by Claimant New case has submitted Pending Approval
Registrar/Assistant Registrar New case has submitted Pending Approval
Registrar/Assistant Registrar New case has been approved Case Accepted
Registrar/Assistant Registrar New case has been rejected Rejected
Legal Practioner by Claimant When Return of service is performed Case Accepted
Legal Practioner by Respondent Represent case is performed Pleading
Registrar/Assistant Registrar To assign Judge Pleading
Registrar/Assistant Registrar When Judge assigned Pleading
Judge Login when Judge need to accepted Pleading
Judge Login When Judge accepted & schedule hearing Hearing
Judge Hearing Ready for Hearing Hearing
Hearing completed When Hearing completed Hearing
Registrar To endorse Hearing
Registrar Once endorsement completed Concluded
➢ Create and send an email message to: [email protected],
➢ AIFC Court & IAC Case Management Department will issue the
AIFC Court Claim Form or the IAC Request for Arbitration Form in
response to your email
➢ A duly filled claim form or request for arbitration form and supporting
documents should be sent to the above-mentioned emails in PDF
format
➢ In case size of the sent documents exceed 10 MB, they have to be
sent in stages with a clear notification about that in the email body
How to file a claim or request an arbitration via email?
Contact us:
Email: [email protected]; [email protected]
Tel.: +7 7172 64 73 37; +7 7172 64 72 51
Website: https://court.aifc.kz/ https://iac.aifc.kz/