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.