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Kazakhstan - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Azamat Kuatbekov
Alexander Korobeinikov
Page Count: 
12 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Kazakhstan
Practice Areas: 
Arbitral Awards,
Enforceability,
ICSID,
UNCITRAL
Author Detail: 

 

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: 2011-2012

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KAZAKHSTAN
Azamat Kuatbekov and Alexander Korobeinikov

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Domestic Legislation

Arbitration proceedings and the enforcement of foreign arbitration awards are regulated by a number of legislative acts, including the Arbitration Court Law3 and the International Commercial Arbitration Law.4 These laws, which were adopted in December 2004, were the first arbitration laws adopted by Kazakhstan following the collapse of the former USSR. One of the main objectives of the new legislation was to end the uncertainty and controversy concerning the right to arbitrate and enforce arbitration awards in Kazakhstan.

The Arbitration Court Law applies to disputes between residents of Kazakhstan and permits such disputes to be resolved by “arbitration courts.” The law regulates every stage of the arbitration proceedings and provides a mechanism for enforcing awards made by such “arbitration courts” in the state courts. It

Table of Contents: 

KAZAKHSTAN
Azamat Kuatbekov and Alexander Korobeinikov

A. Legislation, Trends and Tendencies
A.1 Domestic Legislation
A.2 International Treaties
A.3 Recent Amendments Concerning Mediation and the Arbitrability of Disputes Involving Consumers 
A.4 Trends
B. Cases
B.1 Investment Disputes
B.2 Commercial Arbitration Disputes
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy