COMMONLY
ENFORCED ARBITRAL AWARD INSTITUTIONS IN KAZAKHSTAN
LCIA
London Court of
International Arbitration
GAFTA
The Grain and Feed
Trade Association
Trade Association
SCC
The Arbitration Institute of the
Stockholm Chamber of Commerce
ICC
Arbitration of the
International
Chamber of Commerce
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 awardMatters 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
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
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.