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LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 8, 2016 No. 488-V ZRK

About arbitration

(as amended on 21-01-2019)

This Law governs the public relations arising in the course of activities of arbitration in the territory of the Republic of Kazakhstan and also procedure and conditions of recognition and carrying out in Kazakhstan of arbitral decisions.

Chapter 1. General provisions

Article 1. Scope of application

This Law is applied to the disputes which arose from the civil relations with participation of physical and (or) legal entities, irrespective of the residence or the location of subjects of dispute in the state or beyond its limits, permitted by arbitration if other is not established by legal acts of the Republic of Kazakhstan.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) public procedure for the Republic of Kazakhstan - the law and order bases enshrined in legal acts of the Republic of Kazakhstan;

2) 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 arbitration formed especially for consideration of specific dispute or permanent arbitration;

4) the arbitral agreement - the written agreement of the parties about transfer for consideration to arbitration of dispute which arose or can arise from the civil relations;

5) regulations of arbitration - procedure for the organization of activities of permanent arbitration and the rule of arbitration proceeding;

6) arbitration proceeding - process of consideration of dispute;

7) the parties of arbitration proceeding (further - the parties) - the claimant and the defendant between whom the arbitral agreement is signed;

8) the arbitral decision - the decision passed by arbitration;

9) the arbitrator - the physical person elected by the parties or appointed according to this Law and (or) the regulations of the relevant arbitration for the dispute resolution;

10) business customs - the rules of conduct which developed and widely applied in the field of the civil relations not contradicting applicable law irrespective of whether they are fixed in any document.

Article 3. Legislation of the Republic of Kazakhstan on arbitration

1. The legislation of the Republic of Kazakhstan on 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.

Article 4. Types of arbitration

1. Arbitration in the Republic of Kazakhstan can be created in the form of permanent arbitration or arbitration for permission of specific dispute.

2. Permanent arbitration can be formed by physical and (or) legal entities according to the legislation of the Republic of Kazakhstan.

The permanent arbitration approves regulations of arbitration, the register of arbitrators which will perform activities in this arbitration.

3. The arbitration for consideration of specific dispute is created by the parties for the dispute resolution and is effective to permission of this dispute or before adoption by the parties of the decision on transfer of dispute to court.

4. Arbitration in the Republic of Kazakhstan cannot be formed by state bodies, the state companies, and also the subjects of natural monopolies and subjects holding dominant position on commodity market and services, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belongs to the state, their affiliated and dependent organizations, and also the banks of the second level, the organizations performing separate types of banking activities.

Article 5. Principles of arbitration proceeding

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 arisen or able to arise to dispute;

2) the legality meaning that arbitrators and arbitration in the decisions are guided by regulations of the right applicable by agreement of the parties;

3) the independence meaning that arbitrators and arbitration 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 proceeding choose the line item, methods and means of its upholding independently and irrespective of someone, and also have the equal rights and perform equal duties;

5) the justice meaning that arbitrators and arbitration in case of permission of the disputes transferred to them and the parties of arbitration proceeding shall be effective honesty, observing the established requirements, ethical principles of society and the rule of business ethics;

6) the confidentiality meaning that arbitrators and participants of arbitration proceeding have no right to disclose the data which became known in the course of arbitration proceeding 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 course of arbitration proceeding except the cases provided by the laws of the Republic of Kazakhstan;

7) the autonomy of the arbitral agreement meaning that cancellation, change or recognition of the invalid arbitration clause do not lead to the termination, change or recognition invalid the basic agreement. Respectively cancellation, change or recognition invalid do not lead the basic agreement to the termination, change or recognition of the invalid arbitration clause.

Article 6. Disclaimer on objection

The party which knows that any provision of this Law or any requirement of the arbitral agreement was not observed and nevertheless continues to participate in arbitration proceeding, without having declared objections against such non-compliance during the term determined by regulations of arbitration for this purpose it is considered refused the right to objection.

Article 7. Inadmissibility of intervention in activities of arbitration

Arbitrators and arbitration in case of permission of the disputes transferred to them are independent, make decisions in the conditions excluding any intervention in their activities of state bodies and other organizations, except as specified, established by this Law.

Article 8. Transfer of dispute on permission of arbitration

1. The dispute can be submitted arbitration in the presence of the arbitral agreement signed between the parties.

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