AIFC Court: Theory and Practice

Authors

DOI:

https://doi.org/10.34625/issn.2183-2705(35)2024.ic-28

Keywords:

economic globalisation, assets, conflict resolution, investments, Anglo-Saxon system of law

Abstract

Currently, society in Kazakhstan, as in other developed countries, is being formed under the influence of digitalisation and the globalisation of the economy. In this context, the Astana International Financial Centre is a priority for the development of information and financial services in Kazakhstan and the competitiveness of the country's economy, which suggests the need for its in-depth study. The purpose of this study is to analyse the theoretical and practical foundations on which the activities of the Astana International Financial Centre court are based. For its successful achievement, the method of analysis and synthesis, comparison, formal legal, deduction, and generalisation were used. The findings describe the different aspects of the Astana International Financial Centre and its court. Accordingly, the core essence of such a centre, its main features and characteristics, which are reflected in its development, have been identified. Also, during the practical analysis of the object of the study, the procedural framework on which the Astana International Financial Centre court is based was established, its principles and the factors influencing its effectiveness were examined. As a result, it has been argued that Astana International Financial Centre is a well-functioning financial structure that relies on international investors and other actors, thereby enhancing Kazakhstan's investment climate and its place in the global economy. Given that the subject is relevant in academic circles, its practical value is revealed in its potential as a primary source for subsequent academic studies and as a methodological guide for practitioners on the improvement and development of Astana International Financial Centre.Currently, society in Kazakhstan, as in other developed countries, is being formed under the influence of digitalisation and the globalisation of the economy. In this context, the Astana International Financial Centre is a priority for the development of information and financial services in Kazakhstan and the competitiveness of the country's economy, which suggests the need for its in-depth study. The purpose of this study is to analyse the theoretical and practical foundations on which the activities of the Astana International Financial Centre court are based. For its successful achievement, the method of analysis and synthesis, comparison, formal legal, deduction, and generalisation were used. The findings describe the different aspects of the Astana International Financial Centre and its court. Accordingly, the core essence of such a centre, its main features and characteristics, which are reflected in its development, have been identified. Also, during the practical analysis of the object of the study, the procedural framework on which the Astana International Financial Centre court is based was established, its principles and the factors influencing its effectiveness were examined. As a result, it has been argued that Astana International Financial Centre is a well-functioning financial structure that relies on international investors and other actors, thereby enhancing Kazakhstan's investment climate and its place in the global economy. Given that the subject is relevant in academic circles, its practical value is revealed in its potential as a primary source for subsequent academic studies and as a methodological guide for practitioners on the improvement and development of Astana International Financial Centre.

References

AIFC Court Regulations. 2017. https://aifc.kz/files/legals/68/file3/53-0.pdf.

ANIKIN, N.S. 2020. The influence of English common law on the development of young international financial centers (IFCs) on the example of the IFC “Astana”. Global Science Capabilities, 11, 299-303.

BAIMOLDAYEVA, A. 2022. The Establishment of the Court of Astana International Financial Centre (AIFC) in the Wake of its Precursors. Journal of Legal Studies, 29(43), 19-41.

BANTEKAS, I. 2020. The Rise of Transnational Commercial Courts: The Astana International Financial Centre Court. Pace International Law Review, 33(1), 1-41.

BATYRBEKOVA, D.S., UKIN, S.K., SAULEN, N., SHUNAYEVA, S.M., ZHUSSUPOVA, G.B. 2019. Astana International Financial Centre-A Legal Enclave in Kazakhstan. Journal of Advanced Research in Law and Economics, 10, 1390-1398.

BULATOV, A., SERGEEV, E. 2021. International financial centers as channels for foreign investment inflow to European cities. Journal of Globalization Studies, 12(1), 101-116.

Civil Code of the Republic of Kazakhstan. 1994. https://online.zakon.kz/document/?doc_id=1006061#sub_id=0.

Constitutional Law of the Republic of Kazakhstan No. 438-V “On the Astana International Financial Centre”. 2015. https://online.zakon.kz/Document/?doc_id=39635390&pos=3;-106#pos=3;-106

DIDENKO, O.A., SAMETOVA, F.T. 2021. Theoretical and practical issues of legal translation (on example of documents of the Astana International Financial Centre court (the AIFC court). Philological Sciences, 61(2), 1-9.

Financial centre. 2022. https://dictionary.cambridge.org/dictionary/english/financial-centre?q=+Financial+Centre.

GU, W., TAM, J. 2021. The Global Rise of International Commercial Courts: Typology and Power Dynamics. Chicago Journal of International Law, 22(2), 443-492.

How the Court of the Astana International Financial Centre works: the story of its head. 2021. https://pravo.ru/opinion/232644/.

Law of the Republic of Kazakhstan No. 261-IV “On Enforcement Proceedings and the Status of Bailiffs”. 2010. https://online.zakon.kz/document/?doc_id=30617206&sub_id=0&pos=3;-106#pos=3;-106.

MAKHANBETALIYEVA, M. 2020. Astana International Financial Centre. Court and the analysis of their first judicial decision. Interscience, 16(3), 54-55.

MYTKO, D. 2021. Directions of offshore financial activity development in the conditions of globalization. Challenges of Science Today, 1, 137-139.

NGUYEN, T.C., NGUYEN, N.T., VO, D.H. 2020. Necessary conditions for establishing an international financial center in Asia. Cogent Business & Management, 7(1), 182-195.

Opening speech. 2022. https://court.aifc.kz/ru/an-introduction/.

Resolutions of the Council for the Management of the Astana International Financial Centre. 2016. https://aifc.kz/files/legals/391/file3/b-c-bc-0-30-2-a-87ab.-0-1.7.2021-4-o-a09b0.pdf.

STEPANOVA, V.V. 2020. Creation of the IFC “Astana” as a new stage in the constitutional and economic development of the Republic of Kazakhstan. Bulletin of Alikhan Bokeikhan University, 46(2), 156-156.

Strategy “Kazakhstan-2050”. 2012. https://cutt.ly/RCJW4xz.

The AIFC Court launched the eJustice system. It allows you to file claims from anywhere in the world. 2019. https://cutt.ly/RCJOiVF.

VO, D.H., NGUYEN, N.T. 2021. Determinants of a global financial center: An exploratory analysis. Borsa Istanbul Review, 21(2), 186-196.

YARKOV, V.V., BRANOVITSKII, K.L., DOLGANICHEV, V.V. 2022. Interaction and Competition of Legal Systems: A Study of Civil Procedure. European and Asian Law Review, 5(1), 16-23.

YEUNG, H., HUANG, F., BEKMURZAYEVA, Z., JANAIDAR, D. 2020. Institutional Development and the Astana International Financial Centre in Kazakhstan. Washington University Global Studies Law Review, 19(1), 53-82.

ZAMBRANA-TEVAR, N. 2019. The Court of the Astana International Financial Centre in the Wake of Its Predecessors. Erasmus Law Review, 1, 122-135.

ZHANG, Y. 2022. Defects and Challenges of Current International Financial Governance. The Change of Global Economic Governance and China, 1, 151-168.

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Published

2024-06-27

How to Cite

BATURIN, M., & MOROZ, S. . (2024). AIFC Court: Theory and Practice. Revista Jurídica Portucalense, 602–618. https://doi.org/10.34625/issn.2183-2705(35)2024.ic-28

Issue

Section

SCIENTIFIC RESEARCH