Baku / 05.02.18 / Turan: A British lord, Judge Wolfe was appointed as the chief judge of the new commercial court in Kazakhstan. Together with him there will be eight other well-known judges and authoritative lawyers from the UK, The Times reported.
The court in Kazakhstan was established as part of the modernization program with the participation of the International Financial Center Astana in order to turn it into the leading financial hub of Central Asia.
"This is the first such court in Eurasia," said Lord Wolfe. "Kazakhstan has a huge border with China and Russia, and China is building a new silk road that will pass right through the territory of this country."
All judges will be from Britain, and the court will use the laws of the International Financial Center Astana, which in fact are general English law. "In this they have no experience. This will be an indicator of the independence of the court and the caliber of judges. Independence guarantees amendments to the country's constitution," Wolfe said.
Bringing British judges to work indicates that this idea is supported by President Nazarbayev, who insists on implementing reforms since 1991, when the country gained independence from Russia. "All judges are determined to protect human rights, although the court will consider other cases," Wolfe says.
The court opened in January, but initially the focus will be on training local judges and lawyers. This will be a first-level court and an appellate court in which Lord Wolfe will meet periodically. There will also be an accelerated procedure for handling small claims. The court will consider standard commercial and contract disputes. Also, a new International Arbitration Center will be created, and its first chairman will be the royal lawyer Barbara Dohmann.
What could this mean for Eurasian disputes, which are currently being considered in London? Wolfe agrees that while in the new court will be heard only a small part of those cases, which are usually considered in London.
Wolfe adds: "The President has shown foresight by creating this financial center. He wants the world to see how common English law works in his country, and not just in the capital. "
Judges will come to Kazakhstan five times a year. All of them are sworn in for a special ceremony, and this oath is like the one they took in Britain. They will have mantles under the color of the Kazakh flag - blue and gold.
Diplomatic benefits from such a step are quite understandable. "The court will promote the dissemination of English commercial law and the recognition of the importance of the rule of law," Wolfe says. "It will strengthen the ties between this rapidly developing country in Central Asia and the United Kingdom, and they will turn to us for advice and guidance." The International Financial Center Astana will have a much better chance of success if investors understand that there is a safe environment and there is a court that adheres to the rule of law. -0-
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