Application of the “package” method in the settlement of investment disputes: an analysis through the prism of judicial and international practice

Abstract

This article examines the application of the “package” method in the settlement of investment disputes between investors and public authorities of the Republic of Kazakhstan. The relevance of the study stems from the need to improve the effectiveness of investor rights protection, ensure consistency in administrative practice, and foster a favourable investment climate. Based on an analysis of legislation, statistical data, and judicial practice, the article explores the causes of investment disputes associated with a lack of coordination between public authorities, delays in administrative procedures, and the absence of a comprehensive approach to supporting investment projects.

The study employs the method of analysing and generalising judicial practice. Drawing on examples from administrative and civil cases, it demonstrates that certain disputes could have been resolved at the pre-trial stage, provided that the competent authorities had ensured proper coordination.

The article substantiates the need to introduce the “package” method, which involves a comprehensive assessment of the investor’s obligations, the actions of public authorities, and interrelated administrative procedures. It is proposed to develop the “one-stop” mechanism, designate a single public-sector coordinator for significant investment projects, conduct a preliminary legal assessment before imposing liability measures, and expand the use of conciliation procedures. The implementation of the proposed measures would help reduce the number of court disputes, improve the predictability of administrative decisions, and strengthen investors’ confidence in public institutions.