Arbitral Digest

Matter

CLAIMANT v DEFENDANT (AIFC Court of First Instance, Case No. AIFC-C/CFI/2025/0070)

Arbitration over a public-procurement contract, with AIFC Court proceedings on tribunal jurisdiction, related Kazakhstan litigation, and the arbitration agreement.

  • International commercial arbitration
  • Cross-border litigation
  • Jurisdiction and arbitration agreements
  • Parallel proceedings
  • Public policy
  • State immunity
Seat
Kazakhstan
Applicable rules
IAC Arbitration and Mediation Rules

Procedural record

  1. 7 October 2026Kazakhstan

    7 October 2026Kazakhstan

    Judgment and Order of the Court of First Instance of the Astana International Financial Centre in case AIFC-C/CFI/2025/0070 dated 7 October 2026

    Court of First Instance of the Astana International Financial Centre

    Case no.
    AIFC-C/CFI/2025/0070
    Decision summary
    The Court dismissed the claim challenging the arbitral tribunal's jurisdiction. It held that the claim was out of time and that the claimant had waived its right to challenge jurisdiction; it further held that the tribunal had jurisdiction and that the remaining grounds would not have succeeded.

    Participants

    Application
    Claim challenging the arbitral tribunal's jurisdiction under Article 26(3) of the AIFC Arbitration Regulations — Dismissed
    CLAIMANT
    Representative
    Aidar Kashkarbayev (For: CLAIMANT)
    Representative
    Dinara Cherniyazova (For: CLAIMANT)
    DEFENDANT
    Representative
    Bakhyt Tukulov (For: DEFENDANT)
    Representative
    Mariya Petrenko (For: DEFENDANT)
    Representative
    TKS Disputes LLP (For: DEFENDANT)
    Court of First Instance of the Astana International Financial Centre
    Judge
    Justice Tom Montagu-Smith KC

    Authorities cited

    5
    • AIFC Arbitration Regulations
      statute
    • Law of the Republic of Kazakhstan On Arbitration
      statute
    • Civil Procedure Code of Kazakhstan
      statute
    • Success K LLP v Ministry of Healthcare of the Republic of Kazakhstan
      case-law
    • Sierra Leone v SL Mining Limited [2021] EWHC 286
      case-law
  2. Date not availableKazakhstan

    Date not availableKazakhstan

    Decision on the Issue of Competence (Jurisdiction)

    International Arbitration Centre of the Astana International Financial Centre

    Decision summary
    The arbitral tribunal found that it had jurisdiction over the dispute.

    Participants

    CLAIMANT
    DEFENDANT
    International Arbitration Centre of the Astana International Financial Centre

Matter record

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CLAIMANT v DEFENDANT (AIFC Court of First Instance, Case No. AIFC-C/CFI/2025/0070) · Matter