Arbitration
Within the structure of the IDRC there operates an Arbitration Centre, which includes an Alternative Dispute Resolution Centre (ADR). The Arbitration Centre administers arbitration, mediation and other forms of out-of-court settlement, providing Tamchy SFIT participants with flexible instruments for the resolution of commercial disputes outside the traditional court process. The activities of the Arbitration Centre are governed by the Tamchy SFIT International Dispute Resolution Centre and Arbitration Regulations 2026 (the “IDRC and Arbitration Regulations”) and by the Rules of the Arbitration Centre.
Key features
- One of the two divisions of the IDRC. The Arbitration Centre, together with the IDRC Disputes Committee, forms the structure of the IDRC: it administers arbitration and ADR, whereas the Committee hears cases and performs functions of assistance and supervision in respect of arbitration (interim measures, assistance in taking evidence, recognition and enforcement of arbitral awards, setting aside of an arbitral award, and others).
- ADR Centre within the Arbitration Centre. Provides access to mediation and other forms of out-of-court settlement.
- Flexible procedures. Arbitration is conducted under the Arbitration Centre Arbitration Rules, the UNCITRAL Arbitration Rules or ad hoc, including expedited arbitration, emergency arbitrators and the resolution of investment treaty disputes.
- Agreement of the parties (opt in). Arbitration is conducted on the basis of the parties' arbitration agreement. The parties may refer to the IDRC any commercial dispute, including one not connected with activities in the Tamchy SFIT, by agreement reached either before or after the dispute arose.
- Confidentiality. As a general rule, arbitral proceedings and awards are confidential.
- Legal basis. The Law of the Kyrgyz Republic “On Arbitration Courts in the Kyrgyz Republic”, the Civil Procedure Code of the Kyrgyz Republic and other provisions of Kyrgyz Republic legislation on arbitration do not apply to arbitrations under these rules. Arbitral awards are recognised and enforced irrespective of the place where they are made (New York Convention 1958).
Leadership
The Arbitration Centre and the ADR Centre are headed by the IDRC Chairman, who is appointed by the Council for a term of five years with the right of unlimited renewal. The Chairman also appoints the Registrar and acts as the appointing authority in the constitution of arbitral tribunals; the administration of the Arbitration Centre's cases is carried out by the Registrar.