As the largest economy in Central Asia and a resource-rich jurisdiction that continues to attract global investors, Kazakhstan presents investment opportunities and regulatory challenges that require advisers who can bridge local insight with international best practice.
We are adept at navigating the country’s modernised legal framework, and our clients, both local and international, value our ability to deliver practical, commercially driven solutions.
Dispute Resolution
Kazakhstan has long engaged with international arbitration, having acceded to the New York and ICSID Conventions in the early 1990s and developed a broad network of bilateral investment treaties. As a result, arbitration has become the preferred forum for resolving both investor–state and high-value commercial disputes.
We have extensive experience in this area, acting for and advising Kazakh quasi-state entities, local banks, shipping companies, drilling contractors, and others in LCIA and LMAA arbitrations. Our International Practice Group, led from London by Rashid Gaissin – dual-qualified in Kazakhstan and England – is uniquely positioned to represent clients in disputes involving Kazakhstan.
Cross Border Tracing and Enforcement
The establishment of the Astana International Financial Centre (AIFC) has further strengthened Kazakhstan’s dispute resolution landscape. The AIFC Court, operating under principles of English common law and staffed by international judges, issues judgments enforceable throughout Kazakhstan. Alongside it, the International Arbitration Centre (IAC) provides arbitration and mediation services, with awards readily converted into AIFC Court orders for enforcement.
It is now common for contracts with a Kazakhstan nexus to include AIFC Court and IAC jurisdictional clauses, as these institutions provide a reliable pathway for cross-border asset tracking and recovery.
We understand that obtaining a judgment is only half the battle – enforcement is often the most challenging stage. Our lawyers are highly experienced in cross-border enforcement proceedings and are recognised thought leaders on AIFC developments. With a proven track record acting for Kazakh quasi-state entities and familiarity with both London and Astana courts, we are trusted partners for clients with interests in Kazakhstan seeking effective enforcement strategies.
Compliance
Alongside our disputes focus, we assist clients with internal and government investigations. Clients value our transparency, relationship-building, and ability to conduct thorough and reliable internal reviews.
Our strength in Kazakhstan lies in our deep knowledge of local agencies combined with international experience in money laundering, economic crime, and cryptocurrency transactions. We are uniquely placed to leverage our local ties, with Rashid Gaissin serving as a member of the Board of the Astana Financial Services Authority (AFSA). AFSA regulates financial services firms and conducts its own enforcement processes, and Rashid’s role reflects our reputation as a leading expert in the Central Asian region.
Sanctions
Since the war in Ukraine, Kazakhstan’s central role in regional trade has drawn scrutiny from international regulators monitoring potential sanctions circumvention. Companies operating in the region are now expected to integrate sanctions compliance into their operations, with screening of export controls linked to Russia and governance frameworks aligned with UK, EU, and US regimes.
We are recognised for the strength of our sanctions compliance practice, having acted for one of Kazakhstan’s largest quasi-state entities in conducting an internal investigation and drafting a new sanctions policy to embed best-practice standards.
Our sanctions practice spans both contentious and regulatory matters, advising multinationals, quasi-state entities, and domestic businesses on sanctions strategy and implementation. We have particular expertise in financial and trade sanctions under the UK framework and in advising clients across the oil and gas sector. Through our work with companies participating in, or regulated by, the Astana International Financial Centre (AIFC) as well as partnerships with leading sanctions firms in the US, EU, Canada, and Austria, we are well-placed to support clients in Kazakhstan in the most complex, cross-border sanctions matters.
Representative matters:
- Delivering practical compliance solutions in partnership with leading international experts. In 2024, the firm co-hosted a Sanctions Training on International and Regional Insights at the Astana International Financial Centre (AIFC) in Astana city together with the British Embassy, AFSA, and barristers from Outer Temple Chambers. The program covered UK, USA, and EU sanctions regimes, enforcement in litigation and arbitration, and the application of secondary sanctions. As part of this work, Eldwick Law developed sanctions and AML/CFT compliance policies and delivered training sessions for senior management, ensuring clients are equipped to manage sanctions risks effectively.
- Advising oil and gas company in Kazakhstan on compliance matters, drafting clear and practical policies tailored to their operation.
- Advising Kazakh client on post-arbitration issues in England.
- Advising Kazakh client on proposed arbitration under the Rules of LMAA.
- Acting for large Kazakh client in proposed litigation in England and the United States (State of Delaware).
- Acting for Kazakh state-owned company in its dispute with international energy company in the High Court of England in 2010.
- Advising the World Bank and Kazakh Ministry of Labour on various issues of labour laws in Kazakhstan, international laws (conventions) and jurisdictions including the US, Canada, Germany, Denmark, South Korea, and Czech Republic.
- Advising a Central Asian ultra-high net individual on the UK sanctions.
- Advising Kazakh client on the UK regulatory issues.
- Acting for a Kazakh quasi-state entity in an UNCITRAL arbitration before the LCIA against one of the largest European development banks. Reduced quantum significantly following trial, and then provided advice on appeal inter alia.