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Editorial

21 November 2024

Dear Reader,

 

We present you the second edition of Young ICCA Voices with a particular focus on Caucasus and Central Asia! 

 

Separated by the Caspian Sea and mountains, but united by a common history and strong socio-cultural ties, these regions have always been home to prospering civilizations that played an important role in the world’s history. From the steppes of Kazakhstan, deserts of Turkmenistan, majestic mountains of Kyrgyzstan, vast gardens of Uzbekistan to the Caucasus Mountains – these regions feature diverse landscapes with untapped potential. 

 

The discovery of oil on the shores of the Caspian Sea and abundant natural resources of Central Asia (gas, sulphur, coal, gold) made them even more attractive in the eyes of their ambitious neighbours and allies. Having spent almost 70 years as part of the Soviet Union and having gained their independence in the early 90s, modern states of Central Asia and Caucasus belong to the broader European Continental Legal Tradition. The Civil Codes of these countries, like most post-Soviet civil codes, including Russia’s Civil Code, are heavily influenced by the Model Civil Code for CIS Member States, adopted at the fifth plenary session of the interparliamentary Assembly of CIS Member Nations on October 29, 1994. Post-Soviet private law of Central Asia and Caucasus is rooted in the European continental tradition, emphasizing principles of good faith and justice to ensure interpretations reflect the spirit of the law rather than strict literalism. 

 

Since 1990’s, namely in the years of independence, the region has seen a significant flow of foreign direct investments from Turkey, Russia, China, India, Malaysia, Europe, Canada and the United States. Some of these investments have inevitably resulted in investment and commercial arbitrations initiated against these countries. Issues and legal principles considered in these cases have contributed to the development of international arbitration. The majority’s broad interpretation of the MFN clause and importation of the dispute resolution clause from another BIT in Garanti Koza v. Turkmenistan, discussion of the illegality requirement of the investment in Metal-Tech v. Uzbekistan, and discussion of expropriation under the contract and Investment Law of Kazakhstan in Ruby Roz v. Kazakhstan are important examples to name a few. 

 

Today, countries of Central Asia and Caucasus continue strengthening their legal systems and improving their investment climate by way of legal reforms. By way of example, in December 2023 Azerbaijan adopted a new Law on Arbitration that regulates both international and domestic arbitration.  It addresses the shortcomings of the old law on international arbitration. In 2021, Turkmenistan signed the New York Convention 1958 which demonstrates its commitment to enforce arbitral awards on its territory. In 2019, Uzbekistan created TIAC, the Tashkent International Arbitration Centres, which offers neutral dispute resolution services to Uzbek and international parties. Kazakhstan’s AIFC, the Astana International Financial Centre, boasts of a Legal Advisory Council which aims to ensure the introduction of the best global practice and the transportation of the relevant law of England and Wales. Lastly Georgia’s GIAC, Georgian International Arbitration Centre, has been administering international arbitrations since 2013. 

 

In this second edition of Voices, we navigate through these systems to offer you two interviews with practitioners in the region:

 

  1. We speak with Nurbek Sabirov, Partner Kalikova & Associates, Kyrgyzstan, about what it takes to chart a career in international arbitration from scratch and represent one’s own country successfully in investor-state disputes; and 

     

  2. We speak with Khurliman Aytniyazova, Head of Division on Arbitration and Litigation of the Department on Legal Protection of Interests of Uzbekistan at the Ministry of Justice of the Republic of Uzbekistan, about her career in the Ministry of Justice and her advice to practitioners interested in government service.

 

The edition also features four articles highlighting topics and issues from across the region, including:

 

  • An overview of FDI laws and investment arbitration in three major countries: Kazakhstan, Turkmenistan and Uzbekistan;

  • The “Ripple Effect” of the Russo-Ukrainian war on investment arbitration and award enforcement;

  • The role of “soft law” in international arbitration in Uzbekistan; and,

  • The Russian Olympic Committee’s unsuccessful appeal of its exclusion from the 2024 Olympics.

 

We hope you will find this second issue of Young ICCA Voices interesting and useful.  We are pleased to continue building upon the success of the previous issue, spearheaded by our predecessors, Iuliana Iancu and Nicholas Poon. Without their hard work and tireless efforts to create the framework for Young ICCA Voices, this issue—and indeed, all future issues—would not be possible. 

 

We would be remiss not to acknowledge the dedication and hard work of many individuals, including Stanimir Alexandrov (ICCA President), Lise Bosman (Executive Director, ICCA Bureau), Paula Baldini (Deputy Executive Director for Publications, ICCA Bureau), Lucy Burns (ICCA Bureau), Siri Lundqvist (ICCA Bureau) and Srishti Agarwal (Advocate, New Delhi). We are truly grateful to each one of them for their support.

 

We wish you a very pleasant reading!

 

Manini Brar and Alex Haden (Young ICCA, Editorial Co-Directors) 

 

Shirin Gurdova, Rohit Bhat and Eva Chan (Young ICCA, Co-Chairs), Gustavo Kulesza (incoming Co-Chair)