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Kazakhstan - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Azamat Kuatbekov
Igor Kolupayev
Page Count: 
50 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2006
Jurisdictions: 
Kazakhstan,
Europe
Practice Areas: 
Authority of the Arbitral Tribunal,
Responsibility of Arbitrators,
Capacity and Qualifications of Arbitrators,
Challenge of Arbitrators,
Designation of Arbitrators,
Applicable Law,
Arbitral Awards,
Amendments and Rectification,
Arbitral Process,
Costs and Damages,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
Dispute Resolution & Litigation,
ADR,
International Litigation,
Interim Measures of Protection,
Third Parties in Arbitral Proceedings,
Evidence,
National Legislation
Author Detail: 

Azamat A. Kuatbekov (Kazakhstan) is a Senior Associate at the Almaty (Kazakhstan) office of Baker & McKenzie. He heads the Almaty office's litigation and arbitration practice.

Igor Kolupayev (Kazakhstan) is an Attorney in the Almaty office of Baker & McKenzie.

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Description: 

Originally from Arbitration Law and Practice in Central and Eastern Europe

1. GENERAL LEGAL FRAMEWORK

1.1 National law

a) Current status

What is the current status? When was it enacted? Have there already been amendments?

The principal statute governing the activities of international arbitration courts in the Republic of Kazakhstan is the Law “On International Commercial Arbitration” (the “International Arbitration Law”). The International Arbitration Law was adopted on 28 December 2004. To date, there have not yet been any amendments to the International Arbitration Law.

In addition, international commercial arbitration matters are also governed by:

the Civil Code of the Republic of Kazakhstan dated 27 December 1994, which sets forth the basic principles for protection of civil rights (the “Civil Code”);

the Code of Civil Procedure of the Republic of Kazakhstan dated July 13, 1999, which sets forth procedures for resolution of disputes by State courts and also deals with recognition, enforcement and appeals of foreign arbitral awards (the “Code of Civil Procedure”); and

the Law of the Republic of Kazakhstan “On Investments” dated 8 January 2003, the Law of the Republic of Kazakhstan “On Oil” dated 28 June 1995 and the Law of the Republic of Kazakhstan “On Subsoil and Subsoil Use” dated 27 January 1996, each of which confirms any investor’s right to submit disputes with the Republic of Kazakhstan (and its state agencies) to international arbitration.