Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

International arbitration in Kazakhstan continues to be governed by the Law On International Arbitration (the “International Arbitration Law”), which was enacted on 28 December 2004. The law is based on the UNCITRAL Model Law.

Under amendments adopted in July 2014, the jurisdiction of international arbitration tribunals was extended to disputes arising out of concession agreements, even if these disputes are between local companies.

A.1 Trends and Tendencies

Whilst in 2004, the Kazakh Parliament adopted two separate laws which regulate international and domestic arbitration proceedings, 10 years’ experience shows that there are a number of practical issues with the application of different laws. Therefore, in September 2014 a draft of a new Law on Commercial Arbitration was presented. This draft is also based on the UNCITRAL Model Law and will govern both international and domestic arbitration proceedings. One of the most significant amendments proposed in the draft is the unification of procedural rules for international and domestic arbitration proceedings and the setting forth of obligations for local arbitration institutions to adapt their rules of arbitration in line with the model rules adopted by the Supreme Court.