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引用次数: 0
摘要
过去二十年来,国际商事法院的兴起和扩散已成为欧洲和亚洲大陆的一个明显趋势。阿斯塔纳国际金融中心(Astana International Financial Centre)就是这样一个争议解决中心,它是哈萨克斯坦共和国的一个特别司法管辖区,根据普通法原则运作。阿斯塔纳国际金融中心及其法院以迪拜和卡塔尔的国际金融中心为蓝本;然而,海湾国家的法律体系与哈萨克斯坦共和国的法律体系存在很大差异。因此,新法院的设立在当地法律界引起了相当大的批评,人们严重怀疑哈萨克斯坦国家是否应该维持和资助一个 "鱼子酱法院",而不是将资源用于改革和发展国家司法系统。不过,尽管人们对金融中心持怀疑态度,但阿斯塔纳国际金融中心及其法院仍有可能成为后苏联国家和中亚地区的地区争端解决中心,效仿新加坡和迪拜的做法。
Perspectives of the Court of the Astana International Financial Centre: Potential to Transform the Central Asian Legal Landscape
The rise and proliferation of International Commercial Courts has become a perceptible trend across the European and Asian continents over the past two decades. One such dispute resolution hub exists within the Astana International Financial Centre, a special jurisdiction within the Republic of Kazakhstan that operates on the basis of common law principles. The Astana International Financial Centre and its Court were modelled on the international financial centres of Dubai and Qatar; however, there are substantial differences between the legal systems of the Gulf States and that of the Republic of Kazakhstan. As a result, the creation of a new court has led to considerable criticism within the local legal community, raising serious doubts as to whether the Kazakh state should be maintaining and financing a ‘caviar-court’ instead of using resources to reform and develop the national judicial system. Nevertheless, despite the scepticism surrounding the financial centre, there is potential for the Astana International Financial Centre and its Court to become a regional dispute resolution hub for post-Soviet countries and the Central Asian region, following the example of Singapore and Dubai.
期刊介绍:
The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.