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International Dispute Resolution Centre (IDRC)

The International Dispute Resolution Centre (IDRC) is an independent legal entity established in the Tamchy SFIT for the adjudication of disputes by the IDRC Disputes Committee and for the administration of arbitration, mediation and other forms of alternative dispute resolution (ADR).

The Centre, its leadership, the Members of the IDRC Disputes Committee, and its arbitrators and mediators act with complete independence and impartiality: neither the State authorities of the Kyrgyz Republic, nor the Tamchy SFIT Authorities, nor any other person may interfere with their functions and decisions.

Structure

    • IDRC Disputes Committee — hears cases in two instances (the IDRC Disputes Committee of First Instance and the IDRC Disputes Committee of Appeal) and is a competent authority within the meaning of the New York Convention 1958.
    • Arbitration Centre (including the Alternative Dispute Resolution Centre) — administers arbitration under the Arbitration Centre Arbitration Rules, the UNCITRAL Arbitration Rules and ad hoc (including expedited arbitration, emergency arbitrators and investment treaty disputes), as well as mediation and other forms of ADR.

Leadership

    • IDRC President — the Head of the Centre. Exercises oversight and strategic direction, reviews and approves the strategy, policies and annual budget; does not take part in day-to-day management or intervene in the substance of proceedings. Appointed by the Council for five years with the possibility of unlimited renewal.
    • IDRC Chairman — responsible for the executive direction and day-to-day management of the Centre; accountable to the IDRC President. Heads the Arbitration Centre and the Alternative Dispute Resolution Centre, appoints the Registrar, and acts as the appointing authority in the constitution of arbitral tribunals. Appointed by the Council for five years with the possibility of unlimited renewal.
    • Chairman of the IDRC Disputes Committee — heads the IDRC Disputes Committee and, together with its Members, exercises the functions of the Committee.

Members of the IDRC Disputes Committee

The Members of the IDRC Disputes Committee (at least four, in addition to the Chairman of the IDRC Disputes Committee) are appointed by the Council upon the proposal of the IDRC Chairman for five years with the possibility of unlimited renewal; as a rule, appointments are not renewed beyond the age of eighty. They are qualified lawyers or judges of a common law system (not less than 40 years of age, with fluent spoken and written command of English) and may be foreign nationals. A case at first instance is heard and determined by a single Member; on appeal, by a panel of at least three Members.

Jurisdiction

The IDRC has exclusive jurisdiction over civil and commercial disputes arising from transactions, contracts, arrangements and other legally significant circumstances:

    • disputes of Tamchy SFIT participants — between registered entities and persons, the Tamchy SFIT Authorities and their employees;
    • disputes relating to the activities conducted in the Tamchy SFIT;
    • disputes referred by agreement of the parties (opt in), including those not related to activities conducted within the territory.

The IDRC Disputes Committee also interprets Tamchy SFIT Acts in disputes before it and hears appeals against the decisions of Tamchy SFIT Authorities (on questions of law, procedural fairness, among other grounds). Criminal and administrative matters do not fall within the competence of the Centre.

Proceedings

Hearings of the IDRC Disputes Committee are, as a general rule, held in public; a private hearing is permitted in prescribed cases (confidentiality, national security, protection of the interests of a party or witness, and others). Arbitration is, as a general rule, confidential. The language of proceedings before the IDRC Disputes Committee is English; decisions of the Committee are issued in English and in Russian or Kyrgyz, and in the case of discrepancy the English text prevails. In arbitration, the language is determined by agreement of the parties. Unless otherwise provided by Tamchy SFIT Acts, proceedings may not be commenced more than six years after the date of the events giving rise to them.

Decisions and enforcement

Decisions of the IDRC Disputes Committee of Appeal are final and are not subject to review, supervision or appeal in the courts of the Kyrgyz Republic. Decisions, orders and directions of the Committee are enforced within the Tamchy SFIT and throughout the entire territory of the Kyrgyz Republic on the basis of execution orders issued by the Committee, without any interference from the courts or other authorities of the Kyrgyz Republic. Arbitral awards are recognised and enforced irrespective of the place where they were made.

Location

The IDRC has its own premises within the territory of the Tamchy SFIT; by decision of the IDRC Disputes Committee, proceedings or any part of them may be conducted at any place.