A. LEGISLATION, TRENDS AND TENDENCIES
In recent years, Kazakhstan has enacted various legislative
amendments designed to confirm the right to arbitrate in
Kazakhstan and to facilitate the enforcement of foreign arbitral
awards. Pursuant to the Conception of the Development of
Judicial Administration of Local Courts, which was adopted by
the Committee of Judicial Administration of the Supreme Court
in 2010, the Supreme Court intends to encourage the use of
arbitration and mediation, as well as courts of doyens (a
traditional Kazakh means of resolving disputes).
In this regard, in July 2013 the Kazakhstan Parliament adopted
significant amendments to domestic arbitration legislation (the
“2013 Amendments”). Changes include:
• Expanded jurisdiction in domestic and international
arbitration. Under the 2013 Amendments, both contractual
and non-contractual disputes as well as monetary and nonmonetary
claims became arbitrable. Additionally, international
arbitration courts received the right to review civil cases that
do not arise out of a commercial activity.
• An obligation on state courts to refer parties to arbitration
where an arbitration agreement exists, even in the absence of
objections by the defendant to the state court’s jurisdiction.
• Clarification of some disputed issues. For example, parties to
an international arbitration now have the right to seek a state
court order to apply interim measures to secure their claims.
Also, parties have the right to seek enforcement of arbitral
awards in a state court in the region where the debtor’s assets
are located, provided the debtor’s place of registration is
unknown.