Arbitration Regulations Art. 9(2): for foreign-seated arbitrations Articles 17 and 18 apply, but not Article 16 (stay of court proceedings)

Article 9(2) of the AIFC Arbitration Regulations applies "Articles 17, 18, Part 3, and the Schedule" where the seat is outside the AIFC. Article 16 (what the AIFC Court must do when an action is brought in a matter that is subject to an arbitration agreement) is not listed. In the UNCITRAL Model Law (article 1(2)) the corresponding articles 8 and 9 apply whatever the place of arbitration. The AIFC Court can still stay proceedings under its general powers (section 27(2)(g) of the Court Regulations, rule 8.8 of the Court Rules), so the question is whether the Article 16 rule is meant to apply as well.

Proposed correction

Please confirm whether Article 16 is meant to apply where the seat is outside the AIFC.

Jurisdiction

Kazakhstan — AIFC

Act

AIFC Arbitration Regulations

Place

Art. 9(2)

Record

Question of reading or data

Class

Question of reading or data

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-24

Evidence

Contradiction within the text. Quotations are verbatim from the official material; translations are ours and marked.

Articles 17, 18, Part 3, and the Schedule of these Regulations shall apply where the Seat is one other than the AIFC.

Parts 1 to 3 and the Schedule of these Regulations shall apply where the Seat of the Arbitration is the AIFC.

If an action is brought before the AIFC Court in a matter which is the subject of an arbitration agreement

Unless otherwise agreed by the parties, all information relating to the arbitral proceedings shall be kept confidential

How to check it without Arxo's tools

1. Open AIFC Arbitration Regulations, English text and find Art. 9(2); Art. 9(1); Art. 16(1); Art. 18. Compare the text with the quotation above. A copy is kept in this register: 9f153a1d7882ce28-aifc-arbitration-regulations-eng.pdf (SHA-256 9f153a1d7882ce287f6bbb7937c4f477eab9f256d408608501e46b17b0cc2d48, copy of the official file).
2. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI agents read the official texts, turned the provisions concerned into executable rules and ran the comparison; they also drafted this record. A person at Arxo checked the finding and approved the report before it was sent (2026-10-27).

Responsible institutions

• AIFC Management Council — body that adopted the act
• AIFC Authority — body that prepares AIFC acts and publishes them on the AIFC website
• AIFC International Arbitration Centre — author of the IAC Arbitration and Mediation Rules

Reported to

Responses

No response recorded.

Documents and reproduction

• AIFC Arbitration Regulations, English text

History

1. 2026-10-24Confirmed by Arxo
2. 2026-10-27Entered in the register
3. 2026-10-27Reported to AIFC Management Council (e-mail)
4. 2026-10-27Reported to AIFC Authority (e-mail)
5. 2026-10-27Reported to AIFC International Arbitration Centre (e-mail)

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0215, https://arxo.io/findings/ARXO-2026-0215/ (status as of 2026-10-24). Data: ARXO-2026-0215.json.