Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Domestic Legislation

Arbitration proceedings and the enforcement of foreign arbitral awards are regulated by a number of legislative acts, including the Arbitration Court Law and the International Commercial Arbitration Law. These laws, which were adopted in December 2004, were the first arbitration laws adopted by Kazakhstan following the collapse of the 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 should be noted that the Arbitration Court Law prohibits the use of arbitration as a means of resolving disputes involving state interests, state enterprises or natural monopolies.

The International Commercial Arbitration Law largely mirrors the UNCITRAL Model Law and applies to disputes where at least one party is not a resident of Kazakhstan. A wholly-owned Kazakhstani subsidiary of a foreign legal entity is considered to be a local resident for the purposes of this law. The International Commercial Arbitration Law regulates arbitration proceedings inside Kazakhstan and also sets out the procedures for the enforcement of foreign arbitration awards in Kazakhstani courts.