An investment dispute is a dispute arising from contractual obligations between investors, including large investors, and government agencies, arising in connection with the investor's investment activities. Investment disputes are resolved through negotiations or in accordance with the dispute resolution procedure previously agreed upon by the parties. If it is impossible to resolve an investment dispute through negotiations, it is considered in accordance with international treaties and legislative acts of the Republic of Kazakhstan in the courts of the Republic of Kazakhstan, as well as in arbitration tribunals determined by agreement of the parties.
Jurisdiction
The Civil Procedure Code of the Republic of Kazakhstan, depending on the category of dispute, establishes the following types of jurisdictions:
a. Jurisdiction of the Specialized Inter-District Economic Court of the capital and the Specialized Inter-District Administrative Court of the capital;
b. Jurisdiction of district (city) and equivalent courts.
The specialized inter-district economic court of the capital hears civil cases involving investment disputes, with the exception of cases falling within the jurisdiction of the specialized inter-district administrative court of the capital.
At the same time, these courts also hear claims by state bodies against investors related to the investor's investment activities involving:
1. a foreign legal entity (its branch or representative office) conducting business activities in the Republic of Kazakhstan;
2. a legal entity established with foreign participation in accordance with the legislation of the Republic of Kazakhstan, fifty or more percent of the voting shares (interests in the authorized capital) of which belong to a foreign investor;
3. investors, provided they have an investment contract concluded with the state.
Disputes not related to investment and the investor's investment activities, as well as disputes involving the investor, subject to consideration in a simplified procedure, are subject to the jurisdiction of district (city) and equivalent courts.
