JUDGMENT OF THE JUDICIAL COLLEGIUM FOR CIVIL CASES OF THE SUPREME COURT OF KAZAKHSTAN RENDERED IN 2004 RESOLUTION NO. 3A-121/2-04
Subject Matter: Requirements for a valid arbitration clause under the laws of Kazakhstan.
Finding: Absence of reference to the applicable law, or to the rules of appointment of arbitrators is no flaw in the parties’ intention to choose to arbitrate any disputes arising out of the contract. The present arbitration clause contradicts neither the European Convention on International Arbitration of 1961, nor the law of the Republic of Kazakhstan.
Parties: Claimant: ZAO International Airport Astana (Kazakhstan) Respondent: Mabetex Project Engineering S.A. (Switzerland) Place of Court Proceedings: The Republic of Kazakhstan
Applicable Law: The Law of the Republic of Kazakhstan
Summary The parties concluded a contract in 1998 concerning the planning and reconstruction of [an] airport building in the city of Astana by the Respondent.
According to the contract, the parties agreed that all disputes and/or controversies that might arise out of the Contract or in connection therewith, should be resolved by arbitration with the Arbitration Court of Zurich, Switzerland.
The Claimant, however, filed a request for invalidating the arbitration clause since it alleged that the clause was in contradiction with the law of the Republic of Kazakhstan.
Excerpts below are an unofficial translation of the court proceedings.
Table of Contents:
ZAO International Airport Astana (Kazakhstan) v. Mabetex Project Engineering S.A. (Switzerland), Judgment of the Judicial Collegium for Civil Cases of the Supreme Court of Kazakhstan rendered in 2004, Resolution No. 3A-121/2-04
SUBJECT-MATTER: Requirements for a valid arbitration clause under the laws of Kazakhstan.