AIFC
AIFC Court Proceedings
Dispute Resolution: Hub | International Arbitration | AIFC Court | Debt Collection | Enforcement of Foreign Judgments
The AIFC Court is the independent court of the Astana International Financial Centre. It sits in English before internationally appointed judges, applies AIFC law and the law the parties agree, and is guided by its own decisions and those of other common law jurisdictions (AIFC Court Regulations, Art. 29). Bond Stone, whose partners hold AIFC Legal Adviser status, represents AIFC participants, international counterparties and regulated entities before the Court.
Established under Constitutional Statute No. 438-V, the Court is not part of the Kazakhstani court system. Its judgments are enforced in Kazakhstan in the same manner and on the same terms as judgments of Kazakhstani courts, without exequatur proceedings (Art. 13(8)). Foreign arbitral awards and foreign court decisions, by contrast, need recognition proceedings before Kazakhstani courts.
The Court's jurisdiction extends to disputes between AIFC participants, AIFC bodies and their foreign employees, disputes relating to operations carried out in the AIFC and governed by AIFC law, disputes the parties transfer to it by agreement, and the interpretation of AIFC Acts (Art. 13(4); AIFC Court Regulations, Art. 26). Parties not registered in the AIFC can opt in before or after a dispute arises (Art. 26(3)). The clause needs care: a reference to AIFC law is not an agreement on jurisdiction, and even under an express clause the Court may decline jurisdiction if it considers that desirable or appropriate (Art. 26(10)).
Bond Stone advises on forum selection at the contract drafting stage, pre-litigation risk assessment, claim strategy, and enforcement planning, and represents clients throughout AIFC Court proceedings. Rights of audience before the AIFC Court and AIFC Court of Appeal come from registration with the AIFC Court Registry, which is open to lawyers and advocates with a practising certificate from any jurisdiction; AIFC Legal Adviser registration is a separate status.
Governing Framework
AIFC Court Regulations 2017
Jurisdiction, composition, and powers of the AIFC Court and Court of Appeal
AIFC Court Rules 2018
Procedure, pleadings, interim relief, enforcement, and costs — modelled on English CPR
Constitutional Statute on the AIFC
Enforcement of AIFC Court judgments in Kazakhstan on the same terms as Kazakhstani court judgments (Art. 13(8)) — no exequatur required
AIFC Court — Jurisdiction & Access
Mandatory Jurisdiction
Disputes between AIFC participants, AIFC bodies and their foreign employees, and disputes relating to operations carried out in the AIFC and governed by AIFC law, fall within the Court's exclusive jurisdiction (Constitutional Statute, Art. 13(4)). This covers AIFC-incorporated companies, AFSA-licensed entities, AIFC branch offices, and natural persons registered as AIFC participants.
Contractual Jurisdiction
Parties, including those not registered in the AIFC, may agree to transfer a dispute to the Court before or after it arises (AIFC Court Regulations, Art. 26(3)). A clearly drafted clause gives access to the Court's procedure and to enforcement in Kazakhstan on the terms of Art. 13(8). The Court may still decline jurisdiction or refer the case to another Kazakhstani court (Art. 26(10)).
Regulatory & Licensing Disputes
A decision of an AIFC Body, including AFSA, may be appealed to the Court of First Instance where the AIFC Acts provide for it, on a question of law, an allegation of a miscarriage of justice, an issue of procedural fairness or a matter provided for under AIFC law. The Court's decision on such an appeal is final (AIFC Court Regulations, Art. 26(5)). A rejected licence applicant may appeal under FSFR s 35.
Interim Relief & Injunctions
The AIFC Court may grant interim remedies, including interim injunctions, orders for the preservation of property, and freezing orders restraining a party from removing assets from Kazakhstan or from dealing with assets wherever they are located (AIFC Court Rules, r 15.1). Applications for freezing orders must be supported by affidavit evidence (r 15.6). AIFC Court orders securing a claim are enforcement documents under Kazakhstan's Law on Enforcement Proceedings (Art. 9) and must be presented within one year (Art. 11).
AIFC International Arbitration Centre (IAC)
The AIFC IAC, an arbitral institution separate from the AIFC Court, administers international commercial arbitration under its own IAC Arbitration and Mediation Rules 2022 and, where the parties agree, under the UNCITRAL Arbitration Rules or ad hoc rules. It produces arbitral awards enforceable across 170+ jurisdictions under the New York Convention, which does not cover AIFC Court judgments. Unlike AIFC Court proceedings, IAC arbitration is private and awards cannot be appealed on the merits, which suits parties that put confidentiality and finality first.
An arbitration seated in the AIFC is governed by the AIFC Arbitration Regulations 2017. In Kazakhstan, IAC awards are recognised and enforced in the same manner as awards made in Kazakhstan (Constitutional Statute, Art. 14(3)). Bond Stone advises on IAC arbitration clause drafting, seat selection analysis, and enforcement strategy under the New York Convention — including multi-jurisdictional enforcement planning where counterparty assets are located across several jurisdictions.
When to Choose the AIFC Court vs IAC
| Scenario | AIFC Court | AIFC IAC |
|---|---|---|
| Primary enforcement target is Kazakhstan assets | Preferred | Possible |
| Multi-jurisdictional enforcement across 5+ countries | Limited | Preferred |
| Urgent freezing order / injunctive relief required | Preferred | Limited |
| Confidential proceedings / sensitive commercial dispute | Public record | Preferred |
| Challenge to AFSA regulatory decision / licence sanction | Appeal to the Court of First Instance where AIFC Acts provide for it (Court Regulations, Art. 26(5)) | Not available |
| Expedited debt recovery against AIFC counterparty | Preferred | Slower |
Enforcement Mechanics
Direct Kazakhstan Enforcement
AIFC Court judgments are enforced in Kazakhstan in the same manner and on the same terms as Kazakhstani court judgments (Constitutional Statute, Art. 13(8)). The judgment creditor applies to the AIFC Court for an Execution Order, the Court arranges a translation into Kazakh or Russian (AIFC Court Rules 2018, Part 30), and Kazakhstani enforcement officers then enforce it. No exequatur or separate recognition proceedings are required.
Cross-Border Recognition
Outside Kazakhstan, AIFC Court judgments are treated as foreign court judgments and require standard recognition proceedings in each jurisdiction. The New York Convention does not apply to court judgments; the AIFC Court issues a certified copy for use abroad (AIFC Court Rules 2018, Rule 30.11). For matters where multi-jurisdictional enforcement is anticipated, IAC arbitration, with New York Convention enforcement in 170+ states, may be the better route.
Foreign Awards and the AIFC Court
The AIFC Court is not, at present, a route for arbitral awards made elsewhere. In Posco Co. Ltd. v National Centre for Complex Processing of Mineral Raw Materials (AIFC-C/CFI/2025/0066, 27 May 2026) and Naftogaz of Ukraine v Gazprom (AIFC-C/CFI/2026/0002, 7 July 2026), the Court held that it has no jurisdiction to enforce ICC awards from tribunals seated in Switzerland, and in Naftogaz it set aside its own order of 15 May 2026. Earlier orders enforcing foreign awards were made without full argument. Permission to appeal was granted in both cases and the appeals were heard together on 30 September 2026; no judgment had been published on the Court's website by 6 November 2026. In Roads Department of Georgia v Todini Costruzioni Generali (AIFC-C/CFI/2025/0025, 8 October 2026), the Court kept attachments in place but stopped further execution of its order on a Paris ICC award until the application to set that order aside is decided. Until the Court of Appeal rules, a foreign award belongs in the ordinary Kazakhstani courts, which Posco confirms have jurisdiction. Awards of the AIFC International Arbitration Centre are in a different position (Constitutional Statute, Art. 14(3)).
Asset Preservation
The AIFC Court has jurisdiction to grant freezing orders over assets in Kazakhstan and, in appropriate cases, worldwide. Bond Stone advises on the grounds for urgent applications and on how AIFC Court interim orders interact with enforcement proceedings elsewhere.
AFSA Regulatory Enforcement
AIFC Court proceedings are generally public, so a licensed firm subject to AFSA action should weigh the effect of a published judgment on its regulatory standing. Bond Stone advises on timing, on settlement and on the regulatory side of such proceedings.
Selected Experience
Client identities and commercially sensitive details are withheld.
Fintech · Debt Recovery
International Fintech Company — Cross-Border Debt Recovery
Advised a European fintech company on recovery of an outstanding payment obligation from an AIFC-incorporated counterparty. Structured the pre-litigation demand procedure, analysed AIFC Court contractual jurisdiction grounds, and prepared the legal position for a debt claim under the AIFC Contract Regulations 2017. Matter resolved on receipt of the formal demand.
AIFC Court · Debt Recovery · Pre-Litigation
Investment Funds · Shareholders
AIFC-Incorporated Fund — Minority Shareholder Dispute
Provided strategic advisory support in a minority shareholder dispute involving an AIFC-incorporated investment fund. Advised on the application of AIFC Companies Regulations to shareholder rights, board authority, and unfair prejudice remedies. Analysed options for interim injunctive relief to prevent unilateral board action pending resolution of the underlying dispute.
AIFC Court · Shareholder Rights · Injunctive Relief
Capital Markets · Regulatory
AIFC Broker-Dealer — AFSA Enforcement Defence Strategy
Advised an AFSA-licensed investment firm facing an AFSA supervisory investigation on the interaction between AFSA enforcement procedures and AIFC Court judicial review rights. Prepared the legal analysis of grounds for judicial challenge, AIFC Court procedure for regulatory reviews, and the strategic implications of contest versus settlement at each stage of the AFSA enforcement process.
AIFC Court · Regulatory Review · AFSA
Cross-Border Commercial · Contract
Cross-Border Service Agreement — Breach of Contract Advisory
Advised a regional technology services provider on a breach of contract claim against an AIFC-incorporated client under a multi-year service agreement. Analysed AIFC Court jurisdiction on the basis of the contract's governing law clause, quantification of damages under AIFC Contract Regulations, and litigation risk assessment. Advised on the election between AIFC Court litigation and ICC arbitration given the asset profile of the defendant.
AIFC Court · ICC Arbitration · Forum Strategy
Asset Management · Injunctions
AIFC Investment Company — Urgent Asset Preservation Application
Advised an AIFC-incorporated investment holding company on the legal basis and procedural requirements for an urgent freezing order application in the AIFC Court. Prepared the legal analysis on the grounds for a Mareva-style injunction under the AIFC Court Rules 2018, balance-of-convenience assessment, and the interaction between the AIFC Court order and parallel enforcement steps against assets held in Kazakhstan and third-country jurisdictions.
AIFC Court · Freezing Order · Asset Preservation
Why Bond Stone
AIFC Legal Adviser Status and Court Registry
Bond Stone's partners hold AIFC Legal Adviser status and appear before the AIFC Court and AIFC Court of Appeal under rights of audience granted on registration with the AIFC Court Registry. The firm represents clients before the Court and advises on AIFC law, AIFC contract regulations, and AIFC Court procedure from its Almaty and Astana offices.
English Common Law Practice
The AIFC's contract and company law draws on English common law. Bond Stone's lawyers advise on the AIFC Contract Regulations 2017, related AIFC instruments and the common law principles behind them.
Cross-Forum Strategy
A dispute may involve the AIFC Court, IAC arbitration, Kazakhstani state courts and foreign proceedings at once or in sequence. Bond Stone advises on forum selection, parallel proceedings and the order of enforcement steps.
AFSA Regulatory Context
Where a counterparty is AFSA-licensed, the regulatory position can matter as much as the legal merits. Bond Stone's litigation and AFSA licensing lawyers work on these matters together.
Ranked Firm — Legal 500 EMEA & IFLR1000
Bond Stone is recognised by Legal 500 EMEA, IFLR1000, and Asia Law Profiles for its Kazakhstan and AIFC practice. The firm acts for international corporations, financial institutions, investment funds, and technology companies with AIFC structures or enforcement mandates.
Frequently Asked Questions
What types of disputes can be brought before the AIFC Court?
Civil and commercial disputes between AIFC participants, disputes about operations carried out in the AIFC and governed by AIFC law, and disputes the parties agree to transfer to the Court. It also hears appeals from decisions of AIFC bodies where AIFC law provides for them. It has no jurisdiction over criminal or administrative matters (AIFC Court Regulations, Art. 26(4)).
Do parties need to be AIFC-incorporated to use the AIFC Court?
No. Parties not registered in the AIFC can agree to transfer a dispute to the Court, before or after it arises, even where neither party is registered there. The clause must clearly confer jurisdiction, and the Court may still decline it (AIFC Court Regulations, Art. 26(3), (10)).
How does the AIFC Court differ from Kazakhstani state courts?
The AIFC Court applies AIFC law and the law the parties agree, is guided by common law decisions, sits in English and has internationally appointed judges. It follows the AIFC Court Regulations 2017 and AIFC Court Rules 2018, modelled on English procedure.
Can AIFC Court judgments be enforced in Kazakhstan?
Yes — without exequatur proceedings. Under Article 13(8) of Kazakhstan's Constitutional Statute on the AIFC, AIFC Court judgments are enforced in the same manner and on the same terms as Kazakhstani court judgments. The creditor obtains an Execution Order from the AIFC Court, and Kazakhstani enforcement officers (bailiffs) then enforce it.
What is the difference between the AIFC Court and the AIFC IAC?
The AIFC Court is a permanent judicial body whose judgments are enforced in Kazakhstan on the same terms as Kazakhstani court judgments. The AIFC IAC is a separate institution that administers private arbitration under its own IAC Arbitration and Mediation Rules 2022, producing arbitral awards enforceable under the New York Convention in 170+ jurisdictions. The Court suits enforcement in Kazakhstan and regulatory disputes; the IAC suits parties that need confidentiality or enforcement in several countries.
How long does an AIFC Court claim typically take?
It depends on the case. As a working estimate, debt recovery and summary judgment applications can take weeks, and contested commercial disputes 6–12 months from filing to first-instance judgment. The Court can also issue urgent interim orders on short notice.
What governing law applies in AIFC Court proceedings?
The Court applies the Constitutional Statute, AIFC Regulations and AIFC Court Rules, then the law the parties agree, unless it is inconsistent with the public order or public policy of Kazakhstan. Without an agreed law, it applies the law that appears most appropriate in the facts and circumstances of the dispute. It is guided by its own decisions and those of other common law jurisdictions (AIFC Court Regulations 2017, Art. 29).
What is Bond Stone's role in AIFC Court proceedings?
Bond Stone's partners hold AIFC Legal Adviser status and represent clients in AIFC Court proceedings, appearing before the AIFC Court and AIFC Court of Appeal under rights of audience granted on registration with the AIFC Court Registry. The firm also advises on AIFC Court strategy, claim structure, forum selection, and pre-litigation risk assessment.
Related Guides
International Arbitration
International Arbitration in Kazakhstan
IAC, ISTAC, ICC, LCIA — clause drafting, seat selection, enforcement under the New York Convention
Enforcement
Enforcement of Foreign Judgments in Kazakhstan
New York Convention, Minsk Convention, bilateral treaties, and non-treaty enforcement pathways
Debt Collection
Pre-trial demand procedure, enforcement proceedings, writ execution against Kazakhstani debtors
Dispute Resolution
Dispute Resolution in Kazakhstan — Hub
Full overview of AIFC Court, IAC, RK courts, enforcement, and sector coverage
AIFC Court representation and strategy — jurisdiction analysis, claim structuring, enforcement planning
Bond Stone · AIFC Legal Adviser · Almaty · Astana
Primary authority: court.aifc.kz · aifc.kz