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.
Сontractual relations of companies often involve, and sometimes end in, a dispute. To resolve these disputes, parties usually choose between a local court or commercial arbitration.
Сontractual relations of companies often involve, and
sometimes end in, a dispute. To resolve these disputes, parties
usually choose between a local court or commercial arbitration.
As a common practice, the dispute resolution procedure in
commercial arbitration may take more than a year and once the
arbitral award is rendered, the losing party often refrains from
voluntary execution of a decision. Consequently, the winning party
has no other choice than to enforce such decision in a local court
of the jurisdiction where the guilty party resides or keeps its
assets.
We would like to address some aspects which may prevent
enforcement of an arbitral award in Kazakhstan. From this
perspective, our further recommendations may be of practical value
to companies as well as their legal counsels. It is worth noting
that some of the recommendations need to be observed before the
arbitration to mitigate some of the risks in advance.
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.
