Kazakhstan - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Azamat Kuatbekov is a Partner in Baker & McKenzie’s Almaty office. Mr. Kuatbekov represents large multinational clients in the natural resources sector, advising them on dispute resolution, acquisitions, and financing. He has also authored numerous articles on oil and gas, corporate law, bankruptcy and litigation in Kazakhstan.

Alexander Korobeinikov is an Associate in Baker & McKenzie’s Almaty office and a member of the International Arbitration Practice Group of Baker & McKenzie’s Global Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Domestic Legislation

Arbitration proceedings and the enforcement of foreign arbitration awards have always been the subject of much uncertainty and controversy in Kazakhstan. In that regard, the Constitutional Council of Kazakhstan ruled in 2002 that an arbitration award may be appealed in the courts on the basis of a constitutional right to judicial protection. This ruling made the enforcement of arbitration awards virtually impossible. While the Council has since annulled this ruling, very few foreign arbitration awards have been enforced in Kazakhstani courts.

While this has been largely attributable in the past to a lack of appropriate legislation facilitating the arbitration process, in December 2004, Kazakhstan adopted two new laws concerning arbitration: the Arbitration Court Law3 and the International Commercial Arbitration Law.4 One of the objectives of the new legislation was to finally end the uncertainty and controversy concerning the right to arbitrate and/or enforce arbitration awards.

Table of Contents:

A. Legislation, Trends and Tendencies A.1 Domestic Legislation A.2 International Treaties A.3 Recent Amendments concerning Parallel Proceedings, Interim Measures and Issues of Sovereign Immunity A.4 New Mediation Law A.5 Trends B. Cases B.1 Investment Disputes B.2 Commercial Arbitration Disputes C. Insolvency Issues in Arbitration