of December 28, 2004 No. 23-III ZRK
About international arbitration
This Law governs the relations arising in the course of activities of international arbitration in the territory of the Republic of Kazakhstan and also procedure and conditions of recognition and execution in Kazakhstan of solutions of international arbitration.
This Law is applied to the disputes which arose from the civil relations with participation of the physical persons and legal entities permitted by the international arbitration if other is not established by legal acts of the Republic of Kazakhstan.
In this Law the following basic concepts are used:
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;
2) 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 on the first instance;
3) arbitration - the international arbitration formed especially for consideration of specific dispute, either the permanent arbitration or the arbitrator considering dispute solely;
4) the arbitral agreement - the written agreement of the parties about transfer arisen or able to arise from the civil relations of dispute for consideration in arbitration which can be concluded in the form of the arbitration clause in the agreement or by exchange of the letters, telegrams, telephone messages, teletaypogramma, faxes, electronic documents or other documents determining subjects and content of their declaration of will;
5) arbitration proceeding - process of consideration of dispute in arbitration with pronouncement of the arbitral decision;
6) the parties of arbitration proceeding - the claimant and the defendant between whom the arbitral agreement is signed;
7) regulations of arbitration - procedure for the organization of activities of permanent international arbitration;
8) the arbitral decision - the decision passed by arbitration;
9) the arbitrator - the physical person elected by the parties or appointed in the procedure approved by the parties according to this Law for the dispute resolution in arbitration;
10) business customs - the rules of conduct which developed and widely applied in the field of civil agreements not contradicting applicable law irrespective of whether they are fixed in any document.
1. The legislation of the Republic of Kazakhstan on international arbitration 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 proceeding 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 proceeding on the arisen dispute;
2) the legality meaning that arbitrators and arbitration in the decisions are guided only by regulations of the right applicable by agreement of the parties;
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