Moreover, in accordance with the current legislation, the International Arbitration Center, acting in accordance with the Constitutional Law of the Republic of Kazakhstan "On the International Financial Center Astana" (hereinafter - "AIFC Arbitration") may consider disputes, one of the parties to which are government-sponsored enterprises, without the consent of the relevant authorized body. In order to consider a dispute in the AIFC Arbitration, the only requirement is the consent of the parties to consider such a dispute in the arbitration (arbitration clause). This exception is applicable due to the hierarchy of the legal acts of the Republic of Kazakhstan.
According to Article 10 of the Law of the Republic of Kazakhstan on "Normative Legal Acts", constitutional laws have priority over the laws of the Republic of Kazakhstan, and therefore, the Constitutional Law of the Republic of Kazakhstan "On the International Financial Center Astana" has greater legal effect than the Law "On Arbitration". In this regard, in order to refer a dispute to the AIFC arbitration, the prior consent of the authorized body is not required. Thus, this fact increases the attractiveness of the AIFC arbitration in the Parties' choice of jurisdiction.
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