Comments on Article 486. Non-application of judicial immunity of a foreign state in disputes related to participation in legal entities of the Civil Procedure Code of the Republic of Kazakhstan
A foreign State in the Republic of Kazakhstan does not enjoy judicial immunity in disputes concerning its participation in commercial and non-commercial legal entities established or having their main place of business in the territory of the Republic of Kazakhstan.According to paragraph 1 of article 15 of the United Nations Convention on Jurisdictional Immunities of States and Their Property (New York, December 2, 2004), a State cannot invoke immunity from jurisdiction in proceedings before a court of another State, which normally has jurisdiction to hear cases., concerning his participation in a company or other association, registered or not registered as a legal entity, if the proceedings relate to the relationship between the State and the association or its other participants, provided that this association:(a) Has participants other than States or international organizations; and
b) is registered or formed in accordance with the laws of the State of the court or has its main office or main business in that State.
However, a State may invoke immunity from jurisdiction in such proceedings if the States concerned have agreed to this, or if it has been agreed in writing between the parties to the dispute, or if provisions to this effect are contained in a document establishing such an association or regulating its activities.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
