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Practice and Theory: Results of the 2019 by International Court of Arbitration

During 2019, the International Arbitration Court of the Chamber of Commerce and Industry of the Kyrgyz Republic independently or jointly with other organizations held 27 different events with the participation of state bodies, local and foreign experts, representatives of the business community, arbitrators, lawyers, members of the Government and Parliament. Also, in the procedure of arbitration proceedings, judges and their panels accepted and examined about 100 cases.

Much work has been done on the discussion and elaboration of the initiative of the Ministry of Economy aimed at introducing arbitration into the proceedings in tax disputes.

According to the study for 2018, Kyrgyzstan has an unacceptable situation, both from the point of view of foreign investors and domestic entrepreneurs, when up to 90% of cases on tax disputes are decided by the courts in favor of the tax service. The business is put in a known unequal position, having no real opportunity to defend its interests in court. Instead of replenishing the state budget, this often leads to protracted (up to 3 years or more) litigation, ruin and bankruptcy of economic entities, reduction of attractiveness of the economy of Kyrgyzstan and deterioration of socio-economic indicators of the country. Such a situation and ways of leaving it during the year were discussed in different formats and compositions, with the participation of representatives of the business community, fiscal, judicial bodies, representatives of Parliament, government. As a result, at the meeting of the Council for Business and Entrepreneurship Support under Toraga Zhogorsk Kenesh, it was decided to establish a working group to prepare proposals aimed at improving the legislation on the regulation of tax disputes.

Also during the year, the International Arbitration Court held trainings for arbitrators, practicing lawyers, organized lectures, conferences, round tables and business breakfasts on topical issues of pre-trial and out-of-court dispute resolution. Our partners in these events were the Ministry of Economy, Zhogorsk Kenesh, International Development Law Organization (IDLO), EU Project “Rule of Law,” Chamber of Tax Consultants, National Electric Network of Kyrgyzstan, Bishkek International Court of Subsoil and Commerce, International Arbitration Court (Tashkent) and others.

An important event was the Central Asian Summit on the Settlement of Environmental Disputes through Investment Arbitration and Harmonization of International Relations to Ensure the Balance of State and Public Relations of Interest in Environmental Issues and Environmental Protection. He gathered experts, mediators and arbitrators from Germany, China, Great Britain, UAE and other countries in Bishkek.

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