Ключевые слова: Международный финансовый центр «Астана», судебные решения, суд первой инстан-
ции, апелляционный суд, суд мелких тяжб, прецедентное право, юрисдикция «opt-int».
The court of the center consists of two instances:
a framework set by the legislature when it enacts stat-the court of first instance and the court of appeal.
utes, the law is made by decisions of judges. The com-
The court of the Center does not carry out criminal
mon law is thus that part of the law which it is within and administrative proceedings and has exclusive juris-the province of the courts themselves to establish. It is diction in respect of:
unwritten in the sense that it is not in a statute, but it is 1) consideration and resolution of disputes arising
made accessible and transparent in law reports and in between the participants of the center, the authorities of
textbooks which analyse the effect of the decisions with
the center and / or their foreign employees;
a view to identifying the principles which underlie
2) consideration and resolution of disputes relating
them.
to any operation carried out in the Center and subject to
In 2019, in the small claims court, the first AIFC
the law of the Center;
court decision appeared publicly (CASE No.: AIFC-C /
3) consideration and resolution of disputes referred
SCC / 2019/0001) [4].
to the court of the Center by agreement of the parties.
The case was between Aurora AG Limited (herein-
The main aim of the AIFC Court was to be the lead-
after – “Claimant”) and Star Asian Mining Company
ing court in resolving civil and commercial disputes in (hereinafter – “Defendant”).
the AIFC and the Eurasian region.
It is initially worth noting that in paragraph 11.5 of
The hallmark of a common law system is the im-
the Treaty, mentioned in the text of the AIFC court de-
portance accorded to the decisions of judges and, in cision, it was written that the “All disputes and disa-particular appellate judges, as sources of law. So, within
greements that may arise between the Parties will be 54
Журнал «Интернаука»
№ 16 (145), часть 3, 2020 г.
resolved through negotiations. Unresolved disputes will
with the AIFC court, which provides services for the be resolved in the “Astana International Financial Cen-resolution of world-class commercial disputes for busiter Court” [4].
ness in the Eurasian region and for it outside.