Academic Research

Academic Research

22 November 2022

"Know Your Customer or Know Your Transaction?" 

Timur Mussin, Director at BTS Digital Ventures, analyses matters associated with KYC & KYT.

Full article: Know Your Customer or Know Your Transaction?

 

10 October 2022

“Trouble with the Weak AML&CFT Compliance Program”

Timur Mussin, Director at BTS Digital Ventures, discusses the importance of strong ethics, and compliance program and explores some of the chief reasons to develop a culture of compliance.

Full article: Trouble with the Weak AML&CFT Compliance Program

 

10 October 2022

“Bad and Good Compliance Officer”

Timur Mussin, Director at BTS Digital Ventures. The Author discusses weak and strong compliance and consequences.

Full article: Bad and Good Compliance Officer

 

10 October 2022

“AI to serve compliance”

Timur Mussin, Director at BTS Digital Ventures. The Author discusses in which way AI can be implemented in compliance.

Full article: AI to serve compliance

 

10 October 2022

“Kazakhstan`s experience in cooperation between FIA and private sector”

Timur Mussin, Director at BTS Digital Ventures, discusses the aspects of cooperation between FIA and private sector on AML/CFT matters.

Full article: Kazakhstan`s experience in cooperation between FIA and private sector

 

4 August 2022

“Issues of Protection of the Rights and Legal Interests of Legal Consultants in the Context of Sustainable Development of Kazakhstan”

In this essay Zhumageldy Yelyubayev, Doctor of Law, Professor, Member of the Russian Academy of Natural Sciences, Chairman of the Chamber of Legal Consultants Kazakhstan Bar Association analysed the legal market and legal profession, as well as the Lawyers’ Rights and Legal Interests.

Full article: Issues of Protection of the Rights and Legal Interests of Legal Consultants in the Context of Sustainable Development of Kazakhstan

 

14 June 2022

“AIFC Academy of Law Promotes Academic Experience and Practical Education Among Legal Professionals”

David Gallo, Director of the AIFC Academy of Law, spoke about the professional training programs of the BCPD and the AIFC Academy of Law, EdTech in Central Asia, and a ton more.

Full article: AIFC Academy of Law Promotes Academic Experience and Practical Education Among Legal Professionals

 

31 January 2022

“The Strategic Role of Business, Law and Education in Overcoming Contemporary Challenges”

Excerpted and modified from a paper presented by AIFC Academy of Law Director, David Gallo, to a collection of government officials, lawyers, academicians, and business executives in the “International Young Scientists Forum,” Kazakhstan.

Full article: The Strategic Role of Business, Law and Education in Overcoming Contemporary Challenges

 

30 January 2022

A detailed comparison of third-party funding regulations in Hong Kong and Singapore, written by Can Eken

The research article was published at the Asia Pacific Law Review journal.  

Third-party funding (TPF) has played a major role in international arbitration over the last decade. Despite uncertainties and continuing discussions on whether TPF should be regulated, Singapore and Hong Kong successively passed laws to legalize and regulate TPF, and both jurisdictions have become leading pioneers globally. This can be largely attributed to their competition with each other to be Asia’s leading arbitration centre, and by regulating the use of TPF, they have moved closer to this goal. However, even though both wish to ensure the legality of TPF in international arbitration, their laws and the consequences of non-compliance differ dramatically in each jurisdiction. Moreover, although these two jurisdictions are leading arbitration centres, their laws on TPF have not yet been analysed thoroughly in the existing scholarship. This article aims to fill the gap, following the comparative law methodology and analysing the rules on TPF in Hong Kong and Singapore. It also aims to investigate the advantages and disadvantages of the laws adopted differently by the two jurisdictions and answer two important questions: (i) What laws could create better conditions for funders? and (ii) What can be done to improve those conditions?

Full article: A detailed comparison of third-party funding regulations in Hong Kong and Singapore

 

25 November 2021

Green Finance: Concept, Current Development and Regulatory Framework written by Neha Banny Gadwal

As climate risk issues are becoming the most real concern worldwide, actions have been taken throughout the world in order to survive climate change. It is important to understand that survival is the cause of the economic challenges of the climate transition, for which we are all responsible, and there is no doubt it will cost a lot. While there are challenges, there are also opportunities. Given that climate change is an existential risk, it follows that those businesses that are part of the solution will create substantial value.Innovators and founders are coming up with solutions to protect the environment. For example, 1,200 so-called climate tech start-ups have already been identified. However, scaling up these innovations poses the greatest challenge. How to mobilize finance for green activities or technologies that promote a greener economy? This is where the financial market plays a role as a fulcrum between finance and green activity. This report will focus on the concept, development, and regulatory framework underpinning the financial market’s transition to Green Finance.

Full article: Green Finance: Concept, Current Development and Regulatory Framework

 

17 March 2021

Collusive Behavior in Permissioned Blockchain written  by Victor Chan, Supervisor, AIFC Academy of Law

This paper identifies several collusive behaviors that businesses may engage within permissioned blockchain. It begins by explaining the key features of the blockchain technology. It is then followed by discussions regarding explicit collusion, concerted practice and anticompetitive foreclosure and the application of EU competition law. Through analyzing the scenarios in light of Art. 101 and Art. 102 TFEU, the paper argues that the existing law is sufficient to deal with the challenges posed by the technology. The purpose of this paper is to identify the antitrust pitfalls in permissioned blockchain, so that users will understand the competition law risk of the technology. 

The Paper is divided into 7 sessions:   Session 1:  Introduction; Session 2 : Blockchain; Session 3:  Explicit Collusion; Session 4:  Concerted Practice; Session 5:  Anticompetitive Foreclosure; Session 6:  Further Research; Session 7:  Conclusion   To view the full paper, please follow the    .

Full article: Collusive Behaviour in Permissioned Blockchain

 

The views and opinions expressed in all DISCOURSE publications are those of the authors and do not necessarily reflect the official policy or position of the AIFC Academy of Law, any other AIFC body or entity, or any other agency, organization, employer or company. Assumptions made in the analysis are not reflective of the position of any entity other than the authors and these views are always subject to change, revision, and rethinking at any time.