Challenges of implementing Anglo-Saxon corporate dispute resolution norms in the Republic of Kazakhstan’s legal framework

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Abstract

The objective of this research is to identify challenges associated with adapting the regulatory mechanisms employed in common law jurisdictions for resolving corporate disputes to the specific legal framework of Kazakhstan. The methodological foundation of this study rests on technical, legal, and comparative legal approaches to analyze the fundamental principles underpinning legislative regulations in the realm of corporate (business) legal relations. This paper examines the practices employed in common law, civil law, and mixed legal systems for regulating relevant legal matters. Additionally, it explores the experience of non-common law countries in adopting elements of case law systems that are not native to their legal traditions. Against the backdrop of the ongoing convergence of legal systems, elements of case law are increasingly being integrated into the mechanisms of corporate dispute resolution in countries with civil and mixed legal systems (France and the United Arab Emirates (UAE)). In Kazakhstan, this process meets obstacles caused by the lack of a clear definition of corporate law. The application of common law procedures and elements in Kazakhstan remains a relatively niche phenomenon, primarily confined to the operations of the Astana International Financial Centre (AIFC) court.

Keywords: Arbitration, Common Law, Continental Law, Corporate Dispute, Corporate Law, Court

Authors’ individual contribution: Conceptualization — S.B.; Methodology — S.B.; Software — G.I.; Supervision — S.B.; Validation — K.S.; Formal Analysis — G.I.; Investigation — S.A.; Resources — Y.K.; Data Curation — Y.K.; Writing — Original Draft — S.B. and G.I.; Writing — Review & Editing — K.S., Y.K., and S.A.; Visualization — G.I.; Project Administration — S.A.; Funding Acquisition — K.S.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K10, K15

Received: 08.09.2025
Revised: 21.11.2025; 02.12.2025; 29.12.2025
Accepted: 06.01.2025
Published online: 09.01.2026

How to cite this paper: Baikenzhina, S., Ilyassova, G., Sabyrova, K., Khamzin, Y., & Akimbekova, S. (2026). Challenges of implementing Anglo-Saxon corporate dispute resolution norms in the Republic of Kazakhstan’s legal framework. Corporate Law & Governance Review, 8(1), 46–63. https://doi.org/10.22495/clgrv8i1p4