Litigation in the Kyrgyz Republic
A good friend of mine went to Bishkek for work and came back with beautiful pictures and told me he had a great time. The closest I have ever been to the Kyrgyz Republic, however, is Laghman Express in New York, which is a great restaurant. But pictures and food do not tell me enough about how Kyrgyz people resolve commercial disputes. Fortunately, Aijan Orozakunova, an attorney in Bishkek, was kind enough to speak with me about litigation the Kyrgyz Republic.
Why should you continue reading this post about litigation in the Kyrgyz Republic?
You have already read my interviews with litigators from China and Kazakhstan, some of its neighboring countries, and my interview with litigators from Russia, who share some cultural roots.
You want to learn how to pronounce Kyrgyz and want to be disappointed that this interview won’t help you.
You’re just a quirky person who likes to read weird stuff.
Aijan Orozakunova is an attorney in Bishkek.
Can you tell me about the kinds of disputes you handle in your legal practice?
I handle a broad spectrum of disputes, including civil, commercial, and criminal cases. In the civil and commercial sphere, I work on contractual disputes, inheritance matters, real estate claims, enforcement of foreign judgments, and cross-border litigation.
In the criminal sphere, I focus on cases involving human rights protection, as well as financial crimes and official misconduct. I represent clients in complex criminal matters, including those related to abuse of power, corruption, and economic fraud.
Additionally, I serve as an arbitrator at the International Arbitration Court under the Chamber of Commerce and Industry of the Kyrgyz Republic, where I adjudicate commercial disputes as part of my arbitration practice.
What type of clients do you generally represent in disputes?
My clients include small and medium-sized enterprises, international companies, investors, real estate developers, and private individuals. I also represent foreign nationals and businesses engaged in disputes in Kyrgyzstan.
Besides Microsoft Office, what software do you use in your practice?
In addition to Microsoft Office, I use Adobe Acrobat Pro, Zoom, and Kyrgyz legal databases such as "Toktom" and "Adilet."
For file management and internal organization, I sometimes use Google Workspace and Notion. I also frequently consult the official website of the Ministry of Justice and other national platforms dedicated to sector-specific regulations.
What books and websites do you use for legal research?
For legal research, I rely on a combination of official, professional, and sector-specific sources:
The official database of the Ministry of Justice provides comprehensive access to the current laws and regulations of the Kyrgyz Republic.
The “Toktom” and “Adilet” systems are among the most widely used professional legal research tools in Kyrgyzstan, offering convenient search functionality, legal commentary, and access to court decisions.
Depending on the subject matter of the dispute, I also use specialized national portals focused on areas such as taxation, construction, public procurement, or licensing, where relevant sector-specific norms and administrative procedures are published.
For international and comparative law, I refer to resources such as UNCITRAL, Lexology, and selected international legal databases and publications.
Image credit: https://bgs.sot.kg/photos/fotoalbom
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
At present, paper filings are still required in Kyrgyzstan. Pleadings must be submitted in person or by courier. There is no nationwide electronic filing system for courts yet, although limited email communication is sometimes allowed.
In recent years, however, there has been an ongoing reform aimed at digitalizing judicial proceedings, which may eventually expand electronic filing and remote access to court services. For now, the process remains primarily paper-based.
While there is currently no centralized public e-filing system for civil or commercial pleadings in Kyrgyzstan, there is a Judicial Decisions Portal known as the “Digital Justice Portal,” accessible via portal.sot.kg (also known as act.sot.kg), which publishes court decisions (especially those before 2022) and court hearing schedules.
The portal is actively being developed and provides access to approximately 400,000 court decisions, hearing schedules, and useful tools such as a state duty calculator and sample filings.
It is important to note that this portal does not replace the submission of paper documents, but rather provides access to court decisions and procedural information.
Does the Kyrgyz Republic have specialized courts that only hear commercial cases?
Kyrgyzstan does not have courts exclusively dedicated to commercial cases. However, specialized judicial panels have been established within the Supreme Court and regional courts to handle commercial and economic disputes. These panels are known as the Judicial Panel for Civil and Economic Cases.
Structure and Function:
Supreme Court: The Supreme Court of Kyrgyzstan has a specialized panel that reviews appeals and cassation complaints related to commercial and economic matters. This panel ensures consistency in the interpretation and application of commercial laws across the country.
Regional Courts: Regional courts, such as the Chui Regional Court, have established similar panels to handle commercial disputes at the regional level. These panels are composed of judges with expertise in commercial law, allowing for more specialized adjudication of such cases.
International Arbitration: Additionally, commercial disputes in Kyrgyzstan can be resolved through arbitration. The International Arbitration Court under the Chamber of Commerce and Industry of the Kyrgyz Republic serves as a forum for resolving commercial disputes if the parties have included an arbitration clause in their contracts or have entered into a separate arbitration agreement. This tribunal provides an alternative dispute resolution mechanism outside of the state courts and is recognized for its efficiency and expertise in commercial matters.
Jurisdiction and Case Types:
These specialized panels and arbitration bodies have jurisdiction over a wide range of commercial and economic cases, including:
Contractual disputes
Property and real estate issues
Bankruptcy and insolvency
Intellectual property disputes
Corporate governance matters
Access to Decisions:
Decisions made by these specialized panels are published and can be accessed through the official portal sot.kg, which provides transparency and access to judicial decisions across various case types, including commercial and economic matters.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
Initial pleadings usually range from 3 to 10 pages. Unfortunately, court documents are not publicly accessible online in Kyrgyzstan, so I cannot provide a link to one.
Generally speaking, how long does it take for a case to go from complaint to judgment?
A typical commercial or civil case may take 3 to 6 months for a first-instance judgment. If the case is complex or involves appeals, it may take 9 to 12 months or more.
Does a judge or a jury decide factual issues in commercial disputes?
Commercial disputes in the Kyrgyz Republic are indeed decided by a judge, not a jury, in courts of general jurisdiction. The judicial system does not provide for jury trials in civil or commercial matters.
However, if the parties have entered into an arbitration agreement or included an arbitration clause, they may choose to resolve their dispute through the International Arbitration Court under the Chamber of Commerce and Industry of the Kyrgyz Republic. In such cases, the parties have the flexibility to agree on the format of the arbitral tribunal, including the option to have their case heard by a panel of three arbitrators, a sole arbitrator under expedited rules, or, in some cases, by a small jury-like panel. This allows for an alternative mechanism outside the state court system.
Are litigants required to exchange evidence to each other before trial?
Yes, parties are generally required to produce evidence if requested by the court or an adversary, particularly if such evidence is relevant to the case.
The Civil Procedure Code of the Kyrgyz Republic provides a robust framework:
Obligation to produce evidence: Article 65 of the Civil Procedure Code sets forth the adversarial nature of civil proceedings. Each party must prove the facts they rely on. If a party cannot present evidence independently, they may petition the court to assist in obtaining it from third parties or organisations
Means of proof (Article 64): Evidence may include explanations from parties and third persons, witness testimony, written and physical evidence, audio/video materials, and expert opinions. Courts do not admit any evidence obtained unlawfully .
Written evidence (Article 80): This encompasses contracts, documents, correspondence (business or personal), certificates, drawings, emails, web-sourced information, and similar materials—provided their authenticity can be verified .
Production in original form: Documents are generally submitted in original form; certified copies may be accepted if originals aren't available. Courts can request originals if only copies are presented .
Court intervention and adverse inferences: If a party withholds evidence, the court may draw an adverse inference under Article 77. Similarly, failure to provide necessary materials for an expert report may lead the court to accept or reject a fact as true.
This makes clear that not only are parties obliged to produce evidence on request, but the Code also outlines how evidence must be presented, the court’s role in assisting with collection, and consequences for non-cooperation.
The Kyrgyz Republic has undergone changes in the form of its government over the past few decades. Has that had an impact on how commercial disputes get resolved in the country’s courts?
Yes, the political and constitutional changes have had an impact. While judicial independence is formally protected, its practical implementation still faces challenges. Nevertheless, reforms have improved access to justice and efforts are being made to enhance the legal infrastructure for resolving commercial disputes.
If you win, does the other side reimburse your attorneys’ fees?
Generally, the losing party is required to pay court fees and may be ordered to reimburse a portion of legal costs, but full recovery of attorney’s fees is rare and subject to judicial discretion.
Before filing a claim, the plaintiff is obligated to pay a state court fee (governmental fee). During the proceedings, either party may request reimbursement of court expenses from the opposing side, including legal representation fees. However, the court decides whether and to what extent such reimbursement will be granted.
Are the Kyrgyz courts open to the public? Can ordinary people watch a commercial trial?
Yes, in general, court hearings are open to the public, including commercial trials. Exceptions are made for cases involving state secrets, minors, or sensitive personal information.
Do you believe that Kyrgyz courts have a particular strength for resolving commercial disputes?
One of the strengths is the increasing transparency and ongoing efforts toward judicial reform and digitalization.
How about a weakness?
A key challenge remains the enforcement of court judgments, which can be slow or difficult in practice. Continued development of judicial capacity and infrastructure aims to improve the efficiency and quality of commercial dispute resolution.
How often do you go to the courthouse?
I visit the courthouse regularly depending on the number of cases and the frequency of hearing schedules — sometimes several times a month.
When you are there, do you need to wear a special robe or wig?
There is no requirement for lawyers in Kyrgyzstan to wear robes or wigs. Standard business attire is appropriate for court appearances.
However, about three years ago, the previous composition of the Council of the Bar Association of the Kyrgyz Republic approved an official robe for attorneys. Despite this, wearing the robe has not become a common practice, and lawyers generally attend court hearings in regular business suits.
At the International Arbitration Court under the Chamber of Commerce and Industry, arbitrators do wear the official robe of the court when hearing cases.