Recognition and Enforcement of Arbitration Awards in Kazakhstan

Maidan Suleimenov*, Assel Duisenova, Kulyash Ilyassova, Yerlan Ossipov and Gulzhaukhar Kaziyeva
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Maidan Suleimenov*: Doctor of Juridical Sciences, director
Assel Duisenova: Leading Research Scientist, Candidate of Juridical Sciences
Kulyash Ilyassova: Chief Research, Candidate of Juridical Sciences
Yerlan Ossipov: Leading Research Scientist, Candidate of Juridical Sciences
Gulzhaukhar Kaziyeva: Leading Research Scientist, Candidate of Juridical Sciences

The Journal of Social Sciences Research, 2018, 358-367 Special Issue: 5

Abstract: Arbitration, as an alternative way to resolve commercial disputes, has been used in Kazakhstan for more than twenty years. Arbitration Court is governed by Civil Procedure Code, The Law On Enactments and the Regulatory Resolution. The expansion of the list of documents in the Regulatory Resolution does not comply with the requirements of the New York Convention and therefore, the purpose of our study is to clarify it. The research institute of private law of the Caspian University together with Kazakhstan International Arbitration prepared proposals for making amendments and supplements to the Law On Arbitration and the CPC at the request of the Arbitration Chamber of Kazakhstan. Most of the proposals developed by us were approved and included in the Draft Law of the Republic of Kazakhstan On Amendments and Supplements to Certain Enactments of the Republic of Kazakhstan On Enhancing Protection of Title and Arbitration after discussion at the meetings of the General Meeting members of Arbitration Chamber of Kazakhstan. It was proposed to bringing in compliance with the New York Convention some paragraphs of the Art. 255 and the Art. 504 of CPC and a series of articles in the Law on arbitration. In this article also given answers to some questions of the arbitration court regarding corporate and marriage dispute, as well as an issue of contradiction public policy.

Keywords: Arbitration; Foreign court; Recognition of arbitration awards; Enforcement of arbitration awards; Arbitration agreement. (search for similar items in EconPapers)
Date: 2018
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