9. What are the mechanisms for the protection of subsoil user’s rights?

Under the Law of the Kyrgyz Republic: “On Investments in the Kyrgyz Republic investment dispute shall be settled in accordance with any applicable procedure previously agreed between the investor and the public authorities of the Kyrgyz Republic, which does not exclude the use of other remedies in accordance with the legislation of the Kyrgyz Republic. In the absence of such agreement, an investment dispute between the public authorities of the Kyrgyz Republic and the investor shall be settled through consultations between the parties. If parties fail to reach a peaceful settlement of the dispute, any investment dispute shall be settled in the courts of the Kyrgyz Republic, unless in the case of disputes between foreign investors and state bodies of the parties requests that the dispute in accordance with one of the following procedures by contacting:
- The International Centre for Settlement of Investment Disputes (ICSID) under the Convention on the Settlement of Investment Disputes between States and nationals of other States or of the rules governing the use of additional funds for the conduct of hearings by the Secretariat of the center; or
- Arbitration or a provisional international arbitration tribunal (commercial court) established in accordance with the arbitration rules of the United Nations Commission on International Trade Law.

For initiating the arbitration, foreign companies may also enjoy the benefits granted by the bilateral treaties on mutual support, encouragement and protection of investment (capital expenditure) which have been executed by the Kyrgyz Republic with 27 countries. Recognition and enforcement of foreign arbitral awards in the Kyrgyz Republic is possible on the ground of and in the manner provided in the UN Convention on Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, joined by the Kyrgyz Republic in 1995.