ARTICLE
2 March 2023

Practical Tips On Enforcement Of Arbitral Awards In Kazakhstan

U
Unicase Law Firm

Contributor

Unicase is a leading law firm in Central Asia, operating both in the region and globally, including Kazakhstan, Uzbekistan, Kyrgyzstan, and Tajikistan. Unicase boasts one of the most expert teams, renowned for its capabilities in regulation and legislative development, which, combined with extensive transaction experience, enables the firm to win major development projects and remain a preferred adviser on corporate law, M&A transactions, dispute resolution, and legislation. Partners and senior lawyers at Unicase have spent a significant part of their professional careers working with leading international operators, which allows them to understand the expectations of both foreign and local clients regarding the format and content of legal consultations, making Unicase a competitive firm.
Recognition by Local Court
Kazakhstan Litigation, Mediation & Arbitration
COMMONLY ENFORCED ARBITRAL AWARD INSTITUTIONS IN KAZAKHSTAN

LCIA
London Court of International Arbitration
GAFTA
The Grain and Feed
Trade Association
SCC
The Arbitration Institute of the Stockholm Chamber of Commerce
ICC
Arbitration of the International
Chamber of Commerce

2 STEPS ON ENFOCEMENT PROCEDURE

1. Recognition by Local Court

2. Enforcement by Court Officer (Commonly by Private Enforcement Officers)


GROUNDS FOR REFUSAL

Cancellation or suspension of the award
Matters beyond the scope of arbitration agreement
Failure of notification of the respondent
4 GROUNDS ON COMPULSORY ENFORCEMENT APPLICATION
  • Debtor's place of residence
  • Dispute settlement location
  • Legal entity place of registration
  • Debtor's property location

LOCAL LEGISLATION


Civil Procedural Code of Kazakhstan (dated October 31, 2015) Law on Arbitration (dated April 8, 2016)Law on Enforcement Proceedings and Status of Court Enforcement Officers (dated April 2, 2010)
RECOMMENDATIONS BY UNICASE

1 "KNOW YOUR COUNTERPARTY" PROCEDURE
Request a certificate on state registration to check the powers of signatory
2 NOTIFICATION OF ARBITRATION PROCEEDING
Obtain, keep the delivery and read receipts when sending emails
Send letters via courier services with advice of delivery
3 EXCHANGE OF ORIGINALS
Applicable to all documents during business relations
4 OBTAINING ADDITIONAL CERTIFICATE FROM ARBITRATOR
As confirmation that the arbitral award is final and binding
5 SPECIFYING A FIXED AMOUNT OF DAMAGES
Not to request additional clarification
on exact amount of damages

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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