The Astana International Financial Centre (AIFC) is a territory within the city of Astana operating under a special legal regime in the financial sphere, established to attract investment and develop the country’s financial market. A key element of the AIFC’s infrastructure is the AIFC Court – the first independent commercial court in Eurasia based on the principles of English common law. Below, we will examine the history of this court’s creation, the stages of its establishment, its organizational structure, the specifics of its operation and enforcement of decisions, recent regulatory updates, as well as the practical advantages for business and investors.
History and Idea Behind the Creation of the AIFC Court
The idea of creating an international financial center with its own judicial system in Kazakhstan arose in the context of the “100 Concrete Steps” reform program proposed by the First President Nursultan Nazarbayev in 2015. This program aimed to establish an independent financial hub in the capital of Kazakhstan with a separate jurisdiction based on the principles of English law (common law) and the use of the English language in legal proceedings. This initiative was intended to strengthen the confidence of foreign investors, ensure the rule of law, and transparency in the resolution of disputes related to the financial center’s activities.
In December 2015, the Constitutional Law of the Republic of Kazakhstan “On the AIFC” was adopted – the regulatory framework for the creation of the center and its bodies. This law directly provided for the establishment of an independent AIFC Court, not part of Kazakhstan’s judicial system. Thus, at the legislative level, the special autonomy of the future court, its separation from national courts, and its orientation towards the best international standards of justice were enshrined.
The goals of creating the AIFC Court directly stemmed from the financial center’s development strategy. Firstly, it was intended to create an attractive investment climate where investor disputes would be resolved impartially and efficiently. Secondly, the introduction of elements of English common law into the Kazakh legal environment was expected to enhance the competitiveness of the economy and integrate it into global markets. Similar international financial centers with independent courts already existed in other countries (e.g., Dubai, Abu Dhabi, Qatar), and Kazakhstan sought to apply the best practices of these models. Thirdly, the Program of the President of the Republic of Kazakhstan dated May 20, 2015, affirmed that Kazakhstan’s financial hub should become one of the top 20 leading financial centers in the world.
Stages of Creation – Regulatory Framework and Key Figures
Work on establishing the AIFC Court proceeded rapidly with the participation of international experts. As early as 2017, a package of internal AIFC acts was developed and approved, including the AIFC Court Regulations 2017 and the AIFC Court Rules 2018, based on English procedural law. These documents detailed the court’s structure, the procedure for legal proceedings, the requirements for judges, and other aspects of its functioning. In March 2017, amendments to the Constitution of the Republic of Kazakhstan were even required to allow the operation of the special legal regime of the AIFC within Kazakhstan.
The official launch of the AIFC Court took place on January 1, 2018, simultaneously with the commencement of the financial center’s operational activities. In a remarkably short time, Kazakhstan created an independent judicial body of international standing “from scratch.” Key figures – invited British lawyers with impeccable reputations – played an important role in the launch phase:
- Lord Harry Woolf (Rt. Hon. Lord Woolf) – former Lord Chief Justice of England and Wales, served as the chief consultant on the court’s creation and became the first Chief Justice of the AIFC Court from January 1, 2018. It was under his leadership that the principles of the new body’s operation were established, and he later described his vision for the court’s development in his book “A Vision of the AIFC Court.”
- Christopher Campbell-Holt – an experienced lawyer who had previously been involved in the creation of international legal institutions, took the position of Registrar and Chief Executive of the AIFC Court. He effectively managed the project from concept to launch, ensuring the court’s organizational establishment.
- Lord John Mance (Rt. Hon. Lord Mance) – former Deputy President of the Supreme Court of the United Kingdom, succeeded Lord Woolf as Chief Justice of the AIFC Court in February 2020. Under his leadership (2020–2023), the court continued to build its authority and caseload.
- Lord Ian Burnett (Rt. Hon. Lord Burnett of Maldon) – former Lord Chief Justice of England and Wales (2017–2023), was appointed as the new Chief Justice of the AIFC Court in November 2023. His appointment was a testament to the high status the court had achieved in its first years of operation.
In addition to the Chief Justices, other prominent British lawyers contributed to the formation of the AIFC’s judicial corps. For example, Justice Tom Montagu-Smith KC, who was the principal drafter of the AIFC Court’s procedural rules, as well as a group of arbitrators and judges invited to work in the Court of First Instance and the Court of Appeal. This international team immediately ensured a high level of trust in the new court from the business and legal communities.
Court Structure, Jurisdiction, and Applicable Law
Organizationally, the AIFC Court is independent of Kazakhstan’s judicial system and has its own jurisdiction. Structurally, it is divided into two levels:
- Court of First Instance – hears disputes on their merits. Within it, there is a specialized division – the Small Claims Court – for cases with relatively small claim amounts or simplified categories of disputes.
- Court of Appeal – reviews decisions of the Court of First Instance (including the Small Claims Court) if there are grounds for appeal.
Thus, the system provides both initial consideration of a case and the possibility of appeal, which favorably distinguishes it from arbitration, where there is no review on the merits. The final instance for AIFC disputes is the AIFC Court of Appeal; the national courts of Kazakhstan do not participate in these processes and do not review AIFC decisions.
The jurisdiction of the AIFC Court is defined by the Constitutional Law and internal acts of the center. The court has exclusive competence over disputes related to the activities of the AIFC and may also consider certain other commercial disputes with the consent of the parties. In particular, the competence of the AIFC Court includes:
- Disputes between AIFC participants, its bodies, or their foreign employees.
- Disputes arising from transactions carried out within the territory of the AIFC and subject to AIFC law.
- Any other civil law disputes, commercial disputes referred to the AIFC Court by written agreement of the parties (for example, if a clause on the jurisdiction of the AIFC Court is included in the contract).
- Issues of interpretation and application of AIFC acts (regulatory acts governing the center’s activities).
The AIFC Court does not consider criminal and administrative cases – its jurisdiction is limited to civil and commercial disputes. This approach aligns with the practice of other international financial centers where specialized commercial courts are established.
Applicable Law
Within its jurisdiction, the AIFC Court applies the special legal regime of the AIFC, which is based on the principles of English common law and best international standards. This means that the basis for resolving a dispute are the AIFC acts (regulations, rules, model laws adopted by the center), developed taking into account the norms of English law. Moreover, the Constitutional Law on the AIFC itself stipulates that the legal system of the center consists of: 1) the Constitutional Law; 2) AIFC acts based on common law principles; 3) subsidiarily – the norms of the law of England and Wales and the standards of leading financial jurisdictions. Therefore, if a particular issue is not directly regulated by AIFC acts, judges can refer to common law precedents and doctrines to render a fair decision.
It is important to note that the parties can agree on the application of other substantive law (for example, Russian or Kazakh) provided that this is specified in the contract. In such cases, the AIFC Court will consider the dispute taking into account the chosen law, but in compliance with the procedural rules of the AIFC.
The language of legal proceedings is English. All statements of claim, evidence, hearings, and court acts are conducted in English (with the possibility of translation into Russian/Kazakh if necessary). This significantly facilitates the participation of foreign companies and experts. Court decisions are published in open access in English and are also translated into Kazakh and Russian, which increases transparency and understanding of the court’s practice for local businesses.
Composition of the Court
Currently, the judicial corps of the AIFC Court is mainly composed of judges from the United Kingdom with extensive experience in higher courts. These include former judges of the Court of Appeal of England and Wales (Sir Rupert Jackson, Sir Jack Beatson, Sir Stephen Richards, etc.), members of the House of Lords (Lord Faulks), and King’s Counsel (KC) with experience in complex commercial disputes. The Chief Justice and judges are appointed by the President of the Republic of Kazakhstan for a term of 5 years with the possibility of extension, but their complete independence and impartiality in the performance of their duties are guaranteed. Separate judges hear disputes in the Small Claims Court – for example, Lord Bannatyne KC, Patricia Edwards, Josephine Higgs KC, etc., who handle simplified cases.
The presence of authoritative foreign judges in the AIFC Court ensures a high quality of justice. At the same time, an open access regime has been created for the participation of advocates and lawyers in the proceedings – the right of audience (the right to appear in court) can be granted to any lawyer from any country who has received permission from the Registrar of the AIFC Court and is registered in the court’s register. It is not required to be a member of the Bar Association of Kazakhstan – it is sufficient to have a legal license or even just a law degree and experience in court cases. This liberal system opens up opportunities for a wide range of lawyers to represent the interests of parties in the AIFC, which is particularly valuable for international companies accustomed to engaging their trusted advisors.
Specifics of Operation – Procedures, eJustice, and Small Claims
The procedural rules of the AIFC Court largely model the Civil Procedure Rules of England and Wales, adapted to the needs of commercial disputes. Cases are randomly assigned to judges by the Registrar, deadlines for consideration are monitored, and modern case management tools are introduced for efficiency. As experts have noted, fixed rules and time limits allow disputes to be resolved quite quickly, sometimes faster than arbitration. In addition, shorter timeframes also lead to lower costs – at least organizational ones. In the early years of operation, fees for considering cases in the AIFC Court were completely abolished (a promotional campaign until the end of 2022), which made appealing to this court particularly advantageous for the parties. Subsequently, the court transitioned to a standard system of state duties, but they remain competitive. No fees are charged for a claim amount up to USD 3,333, and the largest fee is USD 150,000 for a claim amount exceeding USD 10,000,000.
One of the innovative features was the introduction of the eJustice electronic justice system. As early as 2019, the AIFC Court, in conjunction with the International Arbitration Centre (IAC), launched a fully digital platform for filing claims, exchanging documents, procedural communication between the judge and the parties, and even conducting remote hearings. The eJustice system is developed based on advanced solutions (the Chrysalis platform from the Singaporean company Crimson Logic) and allows parties from anywhere in the world to participate in the process without physical presence in Astana. The implementation of eJustice significantly increased the convenience and speed of case consideration – over 100 Kazakh lawyers and business representatives were trained to work with the system even before its launch. Now, a claim or document can be filed online, and hearings are often held via video conference, which is particularly relevant for international disputes. In essence, the AIFC became one of the first courts in the region to fully transition to electronic case management, which aligns with the global trend towards the digitalization of justice.
The Small Claims Court is a special division of the AIFC Court designed for disputes of low value or lesser complexity. The AIFC Rules (Part 28 of AIFC Court Rules) provide for a simplified procedure for such cases. Characteristics of small claims include a limited amount of the claim, for example, if the claim amount does not exceed USD 150,000 or the parties have agreed to the consideration of the dispute in the Small Claims Court.
Practice shows that even the first cases of the AIFC Court were considered in the Small Claims Court. Thus, the first decision of the AIFC Court in 2019 in the case of Aurora AG vs. TOO Star Asian Mining was issued by Justice Tom Montagu-Smith in the Small Claims Court. The claim amount was approximately 44.8 million tenge (≈USD 110,000), and the case was decided on its merits in favor of the claimant in less than 6 weeks from the date of filing the claim. The absence of a response from the defendant did not lead to a simple default judgment – the judge still assessed the evidence presented on its merits, which demonstrates a thorough approach even in simplified proceedings. The AIFC Small Claims Court thus confirmed its efficiency and compliance with the principles of justice.
Enforcement of AIFC Court Decisions in Kazakhstan and Abroad
The enforcement of court decisions is a key element of trust in any jurisdiction. The AIFC Court (Astana International Financial Centre) has, from the outset, built an autonomous enforcement system aimed at guaranteeing the implementation of its decisions.
In Kazakhstan
Within the country, AIFC Court decisions are enforced directly, without the involvement of state courts. The Registrar of the court, simultaneously vested with the powers of an Enforcement Judge, issues writs of execution. A special procedure is then provided: the writ is transferred to the Kazakhstan Republican Chamber of Private Enforcement Agents, who initiate the procedure for recovery or other enforcement of the decision.
This model allows bypassing potential delays or barriers from the national judicial system. In essence, an AIFC decision immediately acquires the status of a final decision and is subject to immediate enforcement.
The effectiveness of the mechanism was demonstrated in the very first AIFC case: the debt amount was fully recovered through private enforcement agents with the support of the court’s team. The defendant paid 100% of the debt, which was an important confirmation of the model’s operability.
In the Russian Federation
Decisions of the AIFC Court in the Russian Federation are recognized and enforced in the same way as decisions of the state courts of Kazakhstan – on the basis of the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters of 2002 (known as the Chisinau Convention).
Abroad
The enforcement of AIFC Court decisions outside of Kazakhstan relies on international agreements and the principle of reciprocity. Since the court is established under the laws of the Republic of Kazakhstan, its decisions are equated to Kazakh judicial acts for the purposes of recognition abroad. The main mechanisms are as follows:
- Multilateral CIS Conventions: Primarily the Minsk (1992) and Chisinau (2002) Conventions, signed by CIS countries and neighboring regions. These agreements establish a simplified procedure for the mutual recognition and enforcement of decisions of justice institutions, including AIFC decisions. For example, they can be presented for enforcement in Kyrgyzstan, Tajikistan, Uzbekistan, and other countries under the same rules as decisions of national courts.
- Bilateral Treaties on Legal Assistance: Kazakhstan has concluded agreements on legal assistance, which provide for the recognition and enforcement of court decisions, with a number of states: Azerbaijan, China, Georgia, India, Lithuania, Kyrgyzstan, Uzbekistan, UAE, Turkey, Pakistan, Turkmenistan, etc. If the defendant’s assets are located in one of these countries, enforcement is possible in accordance with the terms of the specific treaty.
- Principle of Reciprocity and Judicial Memoranda: In countries with which Kazakhstan does not have formal agreements, the principle of reciprocity applies. In some cases, foreign courts are willing to recognize and enforce AIFC decisions if there is a practice that confirms the mutual recognition and enforcement of foreign court decisions in Kazakhstan.
The enforcement of AIFC Court decisions abroad depends on the legislation of the specific country, international agreements, or the principle of reciprocity. In some jurisdictions (for example, in EU countries), a recognition procedure (exequatur), which involves a separate judicial review, may be required. For reliable planning of enforcement abroad, it is recommended to seek advice from local lawyers.
Arbitration Decisions of the IAC
The AIFC Court also has jurisdiction over arbitration decisions of the International Arbitration Centre (IAC).
The IAC (International Arbitration Centre) is the International Arbitration Centre of the AIFC, which considers disputes in the presence of an arbitration agreement between the parties.
Features:
- The IAC operates independently of the AIFC Court but in partnership with it (for example, they share the eJustice system). Christopher Campbell-Holt, who holds the same position in the AIFC Court, is the Registrar and Chief Executive of the IAC.
- IAC arbitration decisions can be certified by the AIFC Court as an order, after which they are enforced as court acts within the AIFC.
- In the Republic of Kazakhstan, IAC decisions are enforced in accordance with the legislation of the Republic of Kazakhstan.
- Outside of Kazakhstan, such decisions are enforced under the New York Convention of 1958, as ordinary international arbitration decisions.
This hybrid advantage allows investors to choose between judicial and arbitration forms of protection, while in both cases ensuring prompt enforcement in Kazakhstan – without resorting to state courts.
Recent Updates – Intellectual Property, Licensing of Lawyers, and Composition of the Court
Since its launch, the AIFC Court and the entire legal ecosystem of the center have not stood still – new rules and reforms are regularly introduced to expand jurisdiction and improve operations. Let’s consider several current innovations as of 2024–2025.
- New Intellectual Property (IP) Regime: At the end of 2024, the AIFC adopted the Intellectual Property Act, which came into force on January 1, 2025. Previously, there was no separate IP regulation within the AIFC, and center participants had to refer to Kazakhstan’s national legislation. Now, the AIFC has its own modern regulatory framework for patents, copyrights, trademarks, trade secrets, etc. It is noteworthy that a dual IP registration regime is not being introduced
Astana International Financial Centre (AIFC) – a designated area within the city of Astana that operates under a special legal regime for financial activity. It was created to attract investment and to develop the country’s financial market. The central pillar of the AIFC’s infrastructure is the AIFC Court – the first independent commercial court in Eurasia founded on the principles of English common law. Below we review the court’s origins, the stages of its establishment, its organisational structure, the way it operates and enforces its judgments, recent regulatory updates, and the practical benefits it offers to businesses and investors.
Origins and Rationale for the AIFC Court
The idea of creating an international financial centre in Kazakhstan with its own judicial system emerged under the “100 Concrete Steps” reform programme proposed by First President Nursultan Nazarbayev in 2015. One goal was to establish an independent financial hub in the nation’s capital, with a separate jurisdiction based on English common law and English as the language of proceedings. The initiative aimed to build foreign-investor confidence, ensure the rule of law, and guarantee transparency in disputes connected with the financial centre.
In December 2015 Kazakhstan enacted the Constitutional Statute on the AIFC, which provided the legal foundation for the centre and its institutions and expressly mandated creation of an independent AIFC Court outside Kazakhstan’s state judicial system. From the outset, therefore, the court’s autonomy and alignment with best international standards were embedded in legislation.
The court’s key objectives mirrored the AIFC’s development strategy: (i) create an appealing investment climate where disputes are resolved impartially and efficiently; (ii) introduce elements of English common law into Kazakhstan’s legal environment to boost competitiveness and integration into global markets (mirroring models in Dubai, Abu Dhabi, Qatar); and (iii) help Kazakhstan’s financial hub enter the world’s top-20 centres, as set out in the Presidential Programme of 20 May 2015.
Legislative Roadmap and Key Players
Work progressed rapidly with international experts. By 2017 the AIFC Court Regulations 2017 and AIFC Court Rules 2018 (modelled on English civil-procedure rules) were in place. Constitutional amendments were adopted in March 2017 to permit the centre’s special legal regime.
The court opened on 1 January 2018, the same day the AIFC became operational. Distinguished British jurists played crucial roles:
- Rt Hon Lord Harry Woolf – former Lord Chief Justice of England & Wales; chief architect of the court and its first Chief Justice (2018-2020).
- Christopher Campbell-Holt – experienced administrator; Registrar and Chief Executive, steering the project from concept to launch.
- Rt Hon Lord John Mance – former Deputy President of the UK Supreme Court; Chief Justice (2020-2023).
- Rt Hon Lord Ian Burnett of Maldon – former Lord Chief Justice of England & Wales; appointed Chief Justice from November 2023.
Other eminent UK judges (e.g., Sir Rupert Jackson, Sir Jack Beatson, Sir Stephen Richards) and leading King’s Counsel joined the bench, immediately lending the new court global credibility.
Structure, Jurisdiction and Applicable Law
The AIFC Court is institutionally separate from Kazakhstan’s judiciary and comprises two tiers:
| Level | Function |
| Court of First Instance | Hears cases on the merits; includes a Small Claims Court for lower-value or simplified disputes. |
| Court of Appeal | Reviews first-instance and Small Claims decisions; its judgments are final (no review by Kazakh state courts). |
Jurisdiction (as set in the Constitutional Statute and AIFC acts) covers:
- Disputes between AIFC participants, its bodies, or their foreign employees.
- Disputes arising from transactions conducted within the AIFC and governed by AIFC law.
- Any other civil or commercial dispute referred to the court by written agreement of the parties.
- Interpretation and application of AIFC acts.
Criminal and administrative matters are excluded.
Applicable law: the court applies (i) the Constitutional Statute; (ii) AIFC acts modelled on common-law principles; and (iii) subsidiarily, the law of England & Wales and leading financial-centre standards. Parties may agree on another substantive law, but AIFC procedural rules always apply.
Proceedings are conducted in English (with translation into Kazakh/Russian if needed). Judgments are published openly in English and translated, ensuring transparency.
Bench and Right of Audience
Judges are appointed by the President of Kazakhstan for five-year renewable terms and include former senior UK judges and KCs. Any lawyer from any jurisdiction can obtain rights of audience by registering with the Registrar; membership of the Kazakh bar is not required. This liberal system enables broad local and international representation.
Key Procedures – eJustice and Small Claims
The rules mirror English Civil Procedure, featuring strict case-management timelines, random judicial assignment, and modern electronic tools. Notable features:
- eJustice platform (launched 2019 with Singapore’s CrimsonLogic Chrysalis) enables online filing, document exchange, remote hearings and real-time judge-party communication.
- Court fees were waived until end-2022; current fees remain competitive (no fee for claims ≤ US$3,333; maximum US$150,000 for claims > US$10 million).
- The Small Claims Court (Part 28 AIFC Court Rules) fast-tracks disputes worth up to US$150,000 or by party agreement. The first ever AIFC judgment (Aurora AG v TOO Star Asian Mining, 2019) was resolved in six weeks for ≈US$110k.
Enforcement of Judgments
Inside Kazakhstan – enforcement is immediate: the Registrar (also an Enforcement Judge) issues writs executed by the national Chamber of Private Bailiffs. The first case saw 100 % recovery, proving the mechanism’s effectiveness.
Russian Federation – AIFC judgments are recognised under the 2002 Chisinau Convention on Legal Assistance.
Other countries – recognition relies on CIS multilateral conventions (Minsk 1992; Chisinau 2002), Kazakhstan’s bilateral treaties (e.g., with Azerbaijan, China, India, Lithuania, UAE, Turkey) or the principle of reciprocity. In non-treaty states, exequatur procedures may apply; local counsel should be consulted.
IAC Arbitration Awards
The International Arbitration Centre (IAC) operates independently but in partnership with the court (sharing eJustice and Registrar). IAC awards can be certified by the AIFC Court and enforced like court orders in Kazakhstan; abroad they benefit from the 1958 New York Convention. Parties may thus choose between litigation and arbitration while retaining swift enforcement in Kazakhstan.
Recent Developments (2024-2025)
- New Intellectual Property Act (in force 1 Jan 2025) introduces a modern IP regime within the AIFC (patents, copyrights, trade marks, trade secrets), borrowing best UK practices (e.g., contributory infringement, burden-shifting for process patents, protection of well-known marks).
- Legal Services Act 2022 & Legal Services Regulatory Council – from 1 July 2022 all licensed AIFC law firms must have at least one registered legal consultant; since 2023 the requirement covers existing licensees, raising professional standards.
- Stable bench – Lord Burnett leads an experienced panel; the inaugural judges’ terms have been extended five years, reflecting confidence in their work. The AIFC Law Academy and AIFC Law Advisory Council support ongoing legal-system development.
Caseload and Global Reach
- 98 decisions & orders between 2018 and Nov 2023; 50 in 2023; 54 in 2024; 22 in Jan-Apr 2025.
- Largest claim heard to date: US$330 million; multi-million disputes are routine.
- Parties from 33 countries; major corporations (Chevron, NCOC, Tengizchevroil) include AIFC jurisdiction clauses in 7,500+ contracts.
- 735 lawyers from 39 jurisdictions registered for rights of audience.
- Court facilities in Astana and Almaty; representative offices in eight Eurasian countries; 73 cooperation MOUs with foreign courts and arbitration centres.
Benefits for Business and Comparative Perspective
- Institutional independence builds investor confidence comparable to London’s Commercial Court.
- Common-law framework aligns with international contracting norms.
- World-class judges provide consistent, high-quality adjudication.
- Speed and efficiency – streamlined timelines and eJustice often resolve cases faster than arbitration.
- Cost savings – competitive fees, fewer hearings, and recoverable costs.
- Right of appeal – unlike arbitration, parties may seek timely appellate review.
- Strong enforceability in Kazakhstan and growing recognition abroad.
- Regional advantage – the only common-law commercial court in Central Asia/SNS, geographically closer than Dubai or London and adaptable to EAEU contexts.
- Opportunities for legal practitioners – a new market for international litigation in Central Asia, fostering skills transfer and legal-culture development.
Conclusion
In a short span, the AIFC Court has proven itself an innovative and effective institution. A bold legal reform backed by world-class expertise, it now handles high-value, cross-border disputes with full enforcement of judgments, bolstering Kazakhstan’s investment climate and setting new judicial standards in the region. Although expanding international recognition remains a priority, the court already ranks as the “preferred international commercial court in Eurasia.” Its unique blend of national initiative and common-law methodology will continue to attract close attention from the global legal community in the years ahead.
*Statistics on cases, lawyers and MOUs are taken from public information on the AIFC Court’s website and official press releases.