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Kyrgyzstan Supreme Court Constitutional Chamber, 9 December 2015, 16-r

Kyrgyzstan: finality and subsequent reform

Constitutional Chamber Decision 16-r; historical holding and the 2025 amendment.

Facts

The applicants challenged Article 28 on the finality and unchallengeability of arbitral awards.

Holding and outcome

The majority upheld the then-current provision, linking finality to voluntary written selection of an alternative tribunal. It decided the constitutional issue without retrying the individual debt dispute.

Limits of the holding

Since 2025 the statute permits special annulment for specified state or municipal participation. The 2015 holding does not establish absolute unchallengeability today. The PDF’s separate opinion begins on page 15 and is not the majority’s position.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.