AIFC Court: protection of rights.

In Kazakhstan, a profitable business is afraid to become large and expand its production capacity. Investors are afraid to get involved with unscrupulous people with malicious intentions who want to appropriate someone else's work and property. Unfortunately, the Kazakhstani judicial system has not been able to show its independence and thus, investors have to resolve many commercial disputes, including with the state itself, in London arbitration courts.

The solution is to recognize private property as sacred and provide an opportunity to resolve disputes in an independent court and arbitration. The jurisdiction of the AIFC has its own Court and International Arbitration Center. British lords with extensive experience in commercial dispute resolution sit in the AIFC Court. Court sessions and dispute resolution are held remotely in the e-justice system. That is why investors from anywhere in the world can protect their interests.

In addition, correctly drawn up contracts with counterparties using the clause on the AIFC Court and AIFC Arbitration will protect you in advance from many fraudulent actions. An important role is played by an independent and advanced Regulator, that maintains the register of shareholders and conducts proper KYC procedures.

Our team will allow you to properly structure your company in order to avoid unfair encroachments.

AIFC Court

Property protection under English law

Advantages of the AIFC Court

Advantages of the AIFC Court:

The first commercial common law court in the region
The AIFC Court is an independent judicial body
The AIFC Court considers disputes not only between the participants of the AIFC, but also any individuals and legal entities with the consent of the parties
The AIFC Acts and Rules on the AIFC Court are based on the principles and norms of English common law
AIFC judges have extensive experience in resolving commercial and civil disputes in common law jurisdictions
E-JUSTICE is an electronic filing system that allows parties to file claims electronically from anywhere in the world

AIFC Benefits

Location & Untapped Opportunities
Kazakhstan is committed to promoting the growth, diversification and development of the wider economy, creating wide-reaching business opportunities
International Standard Regulatory Framework
Regulator of AIFC, AFSA, a signatory to the IOSCO's MMoU, an internationally recognised quality badge for the standards of securities market regulation. Other memberships include IFSB, IAIS, and AAOIFI
Independent AIFC Court and IAC
Independent and best-in-class dispute resolution and enforcement mechanisms through the AIFC Court and International Arbitration Centre (IAC)
Value Creation through Bankable Deals and Co-investment Opportunities
Access to bankable investment opportunities and support with co-investment opportunities and local engagement to drive value creation
100% Foreign Ownership
100% foreign ownership of AFSA registered entities is allowed under the regulation
Flexibility to Operate from Multiple Offices in Kazakhstan
Operate from a different city or retain office outside Nur-Sultan while branches benefit from lower capital requirements in the AIFC providing flexibility to conduct business in different regions of the country
Capital Flows & Currency Regime
Capital flows, repatriation of profits and flexible currency regime
SPCs providing Highly Flexible Solutions for Project Financing in Infrastructural Projects
AIFC's highly flexible SPC regime suitable for infrastructure project investment, corporate restructuring, capital raising and securitisation
Tax-free management of fund assets
Licenses professional asset managers
Migration and Redomicile Permitted
AIFC permits redomiciling an entity from a different jurisdiction to the AIFC, allowing to transfer all legal rights and liabilities to the new entity
Low Operational Cost
Considerably low operational cost compared to other regional financial centres, including Dubai, Abu Dhabi, Singapore, Qatar and Moscow
Double Taxation Treaties
Kazakhstan has entered into bilateral treaties to avoid double taxation with 53 countries