Choice of law in contracts: English law benefits

25/08/2019

Today, the choice of English law is one of the most popular in international investment and corporate transactions. M&A transaction, direct investments in capital and other similar transactions are often concluded under English law. Nowadays, English law is also applied in other industries such as construction, trade and other international contracts and cross-border transactions.

Kazakh legal system today, cannot ensure the full implementation of the legal structures of English law for the lack of relevant legal norms, and because of the unwillingness of the judicial system to apply the legal structures which are not prohibited by Kazakh law, but yet not familiar to Kazakh courts. In addition, the imperative nature of certain rules of Kazakh law reduces the ability of the parties to formalize their agreements, including possibility to apply English law to certain types of contracts.