GRATA International Submits Amicus Curiae Brief To A Court In The Republic Of Korea On Issues Of Kyrgyz Law

The dispute resolution team at GRATA International has prepared and submitted an amicus curiae brief to a court in the Republic of Korea in connection with a cross-border corporate dispute involving the application of Kyrgyz law.

The brief was prepared at the request of a party to foreign judicial proceedings and provides an expert explanation of the relevant provisions of Kyrgyz law concerning:

•  ownership of a participation interest in a Kyrgyz limited liability company;
•  the legal regime governing real estate and land plots located in the Kyrgyz Republic;
•  procedural matters, including the rules and limitations related to statutes of limitation.

The analysis was conducted by Aisanat Safarbek kyzy (Partner) and Aibek Shamurzaev  (Associate), who carried out a comprehensive review of Kyrgyz legislation, including conflict-of-laws rules applicable to corporate, property, and civil-law relations involving a foreign element.

In particular, the amicus curiae brief addresses:

• the application of the lex societatis principle to corporate relations and transactions involving participation interests;
• the mandatory nature of lex rei sitae governing rights to immovable property located in the Kyrgyz Republic;
• the exclusive jurisdiction of Kyrgyz courts over disputes concerning rights to land and real estate;
• the application of statutes of limitation under the Civil Code of the Kyrgyz Republic, including the commencement of limitation periods and exceptions thereto.

The expert opinion has been submitted solely for the purposes of the ongoing proceedings before the court in the Republic of Korea and provides an independent, authoritative interpretation of Kyrgyz law relevant to the dispute.

In line with our confidentiality obligations, GRATA International does not disclose any information regarding the parties, the nature of the claims, or other details of the case.

The preparation of such legal opinions helps our clients ensure the accurate and comprehensive understanding of Kyrgyz law in foreign court proceedings. It is especially important in cases requiring the precise application of conflict of laws rules and the qualification of legal institutions under national law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.