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Kyrgyzstan approves plan for protection of state interests in courts

A plan of urgent measures was approved to improve the efficiency of protection of the interests of the state in international arbitration and other legal proceedings, as well as to reduce the potential of new arbitration claims. The Ministry of Justice of Kyrgyzstan reports.

The need for such actions arose due to international arbitration claims initiated against Kyrgyzstan. Among other things, these are the proceedings on Kumtor project.

The complex of urgent measures includes the improvement of investment legislation with an emphasis on strengthening the jurisdictional immunity of the state. It is envisaged to introduce tools for assessing the quality of services of local or international lawyers and monitoring the level of expenses. In addition, it is planned to develop a local pool of experts on arbitration issues for work with international lawyers, as well as analysis and explanatory work with government agencies and civil servants in high-risk groups.

«Implementation of the plan will set a higher threshold for the jurisdictional protection of our state and reduce the potential for new arbitration claims against Kyrgyzstan. An analysis of the content of all arbitration proceedings initiated against the republic has already begun, issues of the effectiveness of legal representation and the current mechanism for quality / costs monitoring are being studied. Systemic causes have been identified that either create risks for new arbitration claims, or reduce the effectiveness of the Kyrgyz Republic’s judicial position. It is planned to introduce a new format of interaction with international consultants with an emphasis on the development of the national school of lawyers-practitioners in international law and arbitration proceedings,» the Ministry of Justice said.

The issue of developing the practice of mentoring for international lawyers and a pool of domestic specialists, who will assist external consultants or independently carry out proceedings within the framework of certain arbitration and other processes is also being considered. Information and training campaigns will be carried out for government agencies, whose activities are associated with the risk of investment disputes and arbitration claims.

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