Arbitration in Kazakhstan - (SAR) 2002 - 2
Peter Greshnikov Ph.D. in Law, Vice Chairman of the International Arbitration Court of the Juridical Centre “IUS;” Professor, Higher Law School “Adilet” (Almaty). The International Arbitration Court of the Juridical Centre IUS (hereinafter the Arbitration IUS) was established in 1993 and is located in St. Petersburg (Russian Federation) with an office in Kazakhstan (Almaty) (for more information about the Arbitration IUS go to www.ius.escort.kz).
Igor Greshnikov, Ph.D. in Law, Associate Professor of the Kazak State Law University, Doctoral Candidate of the St. Petersburg State University.
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Kazakhstan has ratified and acceded to virtually all the major international treaties on arbitration, including regional conventions and treaties.1
Having signed these conventions and treaties, and having its own
arbitration legislation, Kazakhstan committed itself to recognize the force
of arbitration agreements and clauses in contracts, which deal with the
procedures for settling disputes, and to recognize and enforce arbitral
awards made by foreign, international and domestic arbitration tribunals.
In Kazakhstan, referring to a court of arbitration or a state court to
defend one’s rights is the choice of the parties involved. This right of choice
is granted to individuals and legal entities by Kazakhstan’s laws. In this
connection, the following should be noted:
Firstly, citizens and legal entities of Kazakhstan have a right to transfer
property disputes for settlement to both state courts and arbitration courts
(Civil Procedural Code of the Republic of Kazakhstan, Article 25).2
Moreover, Paragraph 1 of Article 9 of the Civil Code of the Republic of
Kazakhstan3 provides a list of bodies competent to decide the rights of
individuals and legal entities. These bodies are courts and arbitration courts.
This means that both individuals and legal entities have the opportunity to
choose the body that shall defend their rights.