Investment dispute resolution in Kyrgyzstan

Written by Sandeep Nehra

Dispute resolution is carried out in accordance with the Law of the Kyrgyz Republic “On Foreign Investments in the Kyrgyz Republic“.

Investment disputes are settled in accordance with any applicable procedures previously agreed between the investor and the Kyrgyz authorities, which does not preclude the use of an investor or other remedies under the laws of the Kyrgyz Republic.

In the absence of agreement between the parties to an investment dispute between the public authorities of the Kyrgyz Republic and the investor as possible be solved by consultation between the parties. If the parties fail to reach a peaceful settlement of the dispute within three months from the date first written request for advice, any investment dispute between an investor and the Kyrgyz authorities allowed the courts of the Kyrgyz Republic, if only in the event of a dispute between a foreign investor and the government is one of the parties is not asking to settle the dispute in accordance with one of the following procedures by contacting the International Centre for Settlement of Investment Disputes (ICSID) or to arbitration or an international interim arbitral tribunal (Commercial Court), established in accordance with the Arbitration Rules of the United Nations Commission on International Commercial Law.

If the investment dispute shall be submitted to international arbitration, the Kyrgyz Republic waives the right to require prior application of all internal administrative or judicial proceedings to submit the dispute to international arbitration. Any investment dispute between foreign investors and domestic entrepreneurs is considered in the courts of the Kyrgyz Republic, unless the parties fail to agree on any other procedure for settling disputes, including.

Disputes between foreign investors and private individuals and legal entities of the Kyrgyz Republic can be resolved by agreement of the parties to the arbitration, including those located outside. In the absence of such agreement, disputes are resolved in the manner prescribed by law.

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