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“Unicase” Dispute Resolution Team
PRACTICAL TIPS ON
ENFORCEMENT OF ARBITRAL
AWARDS IN KAZAKHSTAN
COMMONLY ENFORCED ARBITRAL AWARD INSTITUTIONS IN KAZAKHSTAN
LCIA
London Court of International Arbitration
GAFTA
The Grain and Feed
Trade Association
Trade Association
SCC
The Arbitration Institute of the Stockholm Chamber of Commerce
ICC
Arbitration of the International
Chamber of Commerce
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 awardMatters 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” PROCEDURERequest a certificate on state registration to check the powers of signatory
- 2NOTIFICATION OF ARBITRATION PROCEEDINGObtain, keep the delivery and read receipts when sending emails
Send letters via courier services with advice of delivery - 3EXCHANGE OF ORIGINALSApplicable to all documents during business relations
- 4OBTAINING ADDITIONAL CERTIFICATE FROM ARBITRATORAs confirmation that the arbitral award is final and binding
- 5SPECIFYING A FIXED AMOUNT OF DAMAGESNot to request additional clarification
on exact amount of damages
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