“Unicase” Dispute Resolution Team
PRACTICAL TIPS ON
ENFORCEMENT OF ARBITRAL
AWARDS IN KAZAKHSTAN
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COMMONLY ENFORCED ARBITRAL AWARD INSTITUTIONS IN KAZAKHSTAN
  • LCIA
    London Court of International Arbitration
  • GAFTA
    The Grain and Feed
    Trade Association
  • SCC
    The Arbitration Institute of the Stockholm Chamber of Commerce
  • ICC
    Arbitration of the International
    Chamber of Commerce
2 STEPS ON ENFOCEMENT PROCEDURE

1. Recognition by Local Court

2. Enforcement by Court Officer (Commonly by Private Enforcement Officers)


GROUNDS FOR REFUSAL

Cancellation or suspension of the award
Matters beyond the scope of arbitration agreement
Failure of notification of the respondent
4 GROUNDS ON COMPULSORY ENFORCEMENT APPLICATION

• Debtor’s place of residence

• Dispute settlement location

• Legal entity place of registration

• Debtor’s property location


LOCAL LEGISLATION


Civil Procedural Code of Kazakhstan (dated October 31, 2015) Law on Arbitration (dated April 8, 2016)Law on Enforcement Proceedings and Status of Court Enforcement Officers (dated April 2, 2010)
RECOMMENDATIONS BY UNICASE
  • 1
    “KNOW YOUR COUNTERPARTY” PROCEDURE
    Request a certificate on state registration to check the powers of signatory
  • 2
    NOTIFICATION OF ARBITRATION PROCEEDING
    Obtain, keep the delivery and read receipts when sending emails
    Send letters via courier services with advice of delivery
  • 3
    EXCHANGE OF ORIGINALS
    Applicable to all documents during business relations
  • 4
    OBTAINING ADDITIONAL CERTIFICATE FROM ARBITRATOR
    As confirmation that the arbitral award is final and binding
  • 5
    SPECIFYING A FIXED AMOUNT OF DAMAGES
    Not to request additional clarification
    on exact amount of damages
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