Russia's aggressive anti-sanctions judicial policy is reshaping the legal landscape of cross-border dispute resolution. By routinely disregarding both arbitration and forum selection clauses, Russian courts are asserting jurisdiction over disputes involving sanctioned Russian parties — regardless of prior contractual arrangements. This trend creates acute risks for foreign companies that engage with Russian counterparties and simultaneously operate or hold assets in Kazakhstan, as Russian judgments may be enforced there. In this article, we examine recent developments in Russia’s anti-sanctions litigation policy and assess their potential impact within Kazakhstan’s legal framework for the recognition and enforcement
Kinstellar acted for its client, Freschette Limited, in a case before the AIFC that resulted in a precedent setting judgement. The AIFC Court has delivered a judgement in AIFC Court Case No. 35 of 2024 – Freschette Limited v. Enegix LLP & Others, affirming its jurisdiction over foreclosure proceedings concerning pledged immovable property in Kazakhstan. The case was brought by Freschette Limited, a foreign investor. Kinstellar advised the client on structuring the transaction which was basis for the case. Despite the absence of established court practice or clear regulatory guidance, Kinstellar strategically proposed a dispute resolution clause designating the AIFC Court as the exclusive forum for resolving disputes
Kinstellar is delighted to announce that Ardak Idayatova has joined the firm’s Almaty office as Partner. Ardak Idayatova is an experienced practitioner with a career spanning 20 years. She focuses primarily on commercial arbitration (especially construction arbitration) and litigation, as well as on public-private partnerships and real estate. Ardak’s expertise includes providing comprehensive support to major infrastructure projects, primarily representing foreign investors, international development banks and foreign contractors. Additionally, she represents and provides legal assistance to clients in foreign commercial arbitrations, mainly in connection with construction disputes arising out of different