Mediator Borombaev: Bishkek Can Become a Center for Dispute Resolution

Виктор Сизов Politics
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Mediator Borombaev: Bishkek can become a center for dispute resolution


- Bishkek has every chance of becoming a center for dispute resolution, including transnational disputes, - said Elvira Borombaev, mediator and director general of the Central Asian Center for Alternative Dispute Resolution.

According to her, Kyrgyzstan is already moving in this direction due to the strengthening of its foreign policy and international image in recent years. In particular, the leaders of Central Asian states supported Kyrgyzstan's candidacy for a non-permanent seat on the UN Security Council for 2027-2028, which is a significant achievement for the country.

- We live in an era when humanity faces numerous global challenges, such as economic, social, environmental, and political issues that know no borders. This creates a complex context where traditional approaches to dispute resolution become insufficient. It is important to use hybrid mediation methods, - emphasized Borombaev in an interview with vb.kg.

She also noted that the mediation institute is actively developing in Kyrgyzstan with the support of President Sadyr Japarov. This year, he signed a new Law "On Mediation," which significantly updated the previous version from 2017. Now mediation is mandatory for all civil disputes, creating a full-fledged legal regime for alternative conflict resolution.

Additionally, this year marked the signing by the president of the law on Kyrgyzstan's accession to the UN Convention on International Settlement Agreements Resulting from Mediation, which opens new opportunities and advantages for the country.

Why is joining this convention so significant?

- First of all, it is recognition on the international stage. Secondly, it provides investors with alternative ways to resolve disputes before going to court. Court proceedings require significant resources and time, and often take place outside Kyrgyzstan, which incurs additional financial costs. The Singapore Convention on Mediation primarily concerns transnational disputes where one party is foreign. This means that such disputes are often resolved in international arbitration courts, which can be costly for Kyrgyzstan, mainly under English law. Thanks to this convention, we can offer international investors the opportunity to resolve conflicts through dialogue and mediation, avoiding lengthy litigation.

Practice shows that many conflicts arise from a lack of communication. Mediation, using its mechanisms, helps restore these communications and achieve mutual understanding.

These approaches allow for significant cost savings and enhance Kyrgyzstan's image on the international stage. I propose making Bishkek a center for international dispute resolution, and in my opinion, we are moving in the right direction.

Currently, there is a growing interest in negotiations and dispute resolution at the level of non-governmental organizations involving government bodies, the civil sector, and international organizations. Such joint efforts can effectively address complex conflicts at both national and international levels.

Mediation, as Borombaev noted, demonstrates its effectiveness through a variety of tools and methods that help structure disputes and find mutually beneficial solutions. Thus, it becomes an important tool in the negotiation process for conflict resolution.

Briefly about the convention

The Singapore Convention on Mediation, adopted in 2018, is the first multilateral international treaty that establishes uniform rules for the recognition and enforcement of settlement agreements reached through mediation in commercial disputes. Kyrgyzstan's accession to this convention will allow the country to provide clear and transparent conditions for businesses and investors, strengthening trust in the legal system and opening new horizons for international cooperation.

For countries striving to improve the investment climate and develop alternative dispute resolution methods, joining this convention is an important step. The law also introduces a "business clause," allowing the convention to be applied only with the consent of the parties, which aligns with international practice and the specifics of national legislation.

To date, nearly 60 countries have signed the convention.
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