How a dispute is resolved — Grand Jury of Kazakhstan

Since 2016, disputes in Kazakhstan have been resolved by arbitration institutions rather than tribunals of the old “arbitral court” type: the Law of the Republic of Kazakhstan No. 488-V “On Arbitration” of 8 April 2016 is in force, and the Law “On Arbitral Tribunals” has been repealed. The steps below show how a dispute proceeds at the Grand Jury of Kazakhstan Permanent International Arbitration Court.

1. Arbitration agreement

A dispute may be referred to the Institution only if the parties have agreed to this in writing: by an arbitration clause in the contract or by a separate agreement, including through an exchange of letters or electronic documents. The clause remains valid regardless of the validity of the main contract.

2. Statement of claim

The claimant files a statement of claim with documents supporting the claims, proof of payment of the arbitration fee and the representative’s power of attorney. The statement may be submitted in person, by post or electronically.

3. Commencement of proceedings

The Institution reviews the statement, asks for any defects to be corrected and issues a ruling commencing the arbitration. The respondent receives a copy of the claim and a deadline for its response and objections.

4. Arbitral tribunal

The dispute is heard by a sole arbitrator or a panel of three arbitrators. The parties may choose arbitrators from the Institution’s list or agree on a candidate. An arbitrator must be independent and impartial; if in doubt, a party may challenge the arbitrator.

5. Proceedings

The parties submit evidence and explanations. Hearings are held in private and may take place by video link; if the parties agree, the dispute is decided on documents only. At any stage the parties may conclude a settlement agreement or settle the dispute through mediation.

6. Arbitral award

The award is made in writing, signed by the arbitrators and is final. The merits are not reviewed again: a court may set the award aside only on the grounds expressly listed in the Law “On Arbitration”.

7. Enforcement

The award is performed voluntarily within the period stated in it. If the debtor fails to comply, the creditor applies to the competent court for a writ of execution, and the award is enforced under the rules on enforcement proceedings. Abroad, the award is enforced under the 1958 New York Convention.

The procedure and time limits for each step are set out in the Arbitration Rules and the Law “On Arbitration”.