Practical Tips On Enforcement of

Arbitral Awards in Kazakhstan

08.12.22
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