of December 28, 2004 No. 22-III ZRK
About reference tribunals
This Law regulates procedure for education, activities, and also execution of decisions of reference tribunals of the Republic of Kazakhstan.
This Law is applied to the disputes between physical and (or) legal entities which arose from the civil relations if other is not established by legal acts of the Republic of Kazakhstan.
In this Law the following basic concepts are used:
1) the arbitration agreement - the written agreement of the parties about transfer arisen or able to arise from the civil relations of dispute for consideration in reference tribunal;
2) reference tribunal - the permanent reference tribunal, exchange arbitration or reference tribunal formed by the parties for the decision of specific dispute (further - reference tribunal for permission of specific dispute);
3) arbitration - process of consideration of dispute in reference tribunal and decision makings by reference tribunal;
3-1) parties of arbitration - the claimant and the defendant between whom the arbitration agreement is signed;
4) regulations of reference tribunal - procedure for the organization of activities of permanent reference tribunal, exchange arbitration;
5) the arbitration judge - the physical person elected by the parties or appointed in the procedure approved by the parties according to regulations of this Law for the dispute resolution in reference tribunal;
5-1) public procedure for the Republic of Kazakhstan - the bases of the state and social fabric enshrined in legal acts of the Republic of Kazakhstan;
6) competent court - court of judicial system of the Republic of Kazakhstan which according to the civil procedural legislation of the Republic of Kazakhstan is authorized to consider cases on the disputes arising from the civil relations between the parties on the first instance;
7) business customs - the rules of conduct which developed and widely applied in the field of civil agreements irrespective of whether they are fixed in any document.
1. The legislation of the Republic of Kazakhstan on reference tribunals is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
Arbitration is performed with respect for the principles:
1) autonomies of the will of the parties meaning that the parties under preliminary approval among themselves have the right independently to resolve issues of procedure and conditions of implementation of arbitration on the arisen dispute;
2) the legality meaning that arbitration judges and courts in the decisions are guided only by regulations of the Constitution of the Republic of Kazakhstan, legislative and other regulatory legal acts of the Republic of Kazakhstan;
3) the independence meaning that arbitration judges and courts in case of permission of the disputes transferred to them are independent make decisions in the conditions excluding any impact on them;
4) competitiveness and equality of participants, meaning that the parties in arbitration use identical amount of the rights and bear identical amount of obligations, choose the line item, methods and means of its upholding independently and irrespective of reference tribunal, other bodies and persons;
5) the justice meaning that arbitration judges and courts in case of permission of the disputes transferred to them and the parties of arbitration shall act honesty, observing the established requirements, ethical principles of society and the rule of business ethics;
6) the confidentiality meaning that arbitration judges have no right to disclose the data which became known in the arbitration course without the consent of the parties or their legal successors and cannot be interrogated as witnesses about the data which became to them known in the arbitration course except cases when the law provides obligation of the citizen to give information in relevant organ.
1. Reference tribunals in the Republic of Kazakhstan can be created in the form of permanent reference tribunal, exchange arbitration or reference tribunal for permission of specific dispute.
2. Permanent reference tribunals can be formed by the legal entities created according to the legislation of the Republic of Kazakhstan, and their associations (associations, the unions).
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