MEMO on Recognition and Enforcement of Foreign Arbitral Awards in the Republic of Kazakhstan
1. General Information
Foreign arbitral awards may be recognized and enforced by courts of the Republic of Kazakhstan if this is provided for by the legislation of Kazakhstan or applicable international treaties.
Legal acts regulating recognition and enforcement of arbitral awards:
- Civil Procedure Code of the Republic of Kazakhstan
- Law of the Republic of Kazakhstan “On Arbitration”
- Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”
- International treaties, including the 1958 New York Convention, the 1961 European Convention, as well as bilateral legal assistance agreements
2. Procedure for Recognition and Enforcement of Arbitral Awards
To recognize and enforce a foreign arbitral award, an application for compulsory enforcement must be submitted to the competent court. The review period is 15 working days from the date of filing.
Procedure:
- The court reviews the application within 15 working days
- A hearing is scheduled, and the parties are notified
- Non-appearance of the parties does not prevent consideration, unless the respondent requests postponement
- Following the review, the court issues either a writ of execution or a refusal
3. Documents Required for Submission
The following documents must be attached to the application:
- Certified copy or original of the foreign arbitral award
- Certified copy or original of the arbitration agreement
- Translation into Kazakh or Russian if the award is in a foreign language
- For Hague Convention countries: notarized copies with an apostille are sufficient
- If submitted by representatives: notarized and legalized power of attorney
4. Competent Court
- For individual entrepreneurs: specialized inter-district economic courts
- For individuals: district courts of general jurisdiction
- The application must be filed at the place of residence of the debtor or location of the debtor’s assets.
5. State Duty (Fee)
- The state duty is 5 MCI (Monthly Calculation Index).
- The amount in tenge is determined based on the MCI value applicable at the time of filing.
- A payment receipt must be attached to the application. The fee may be paid by a representative if properly authorized.
6. Time Limit for Filing
- An application for enforcement of an arbitral award may be submitted within 3 years from the expiry of the voluntary compliance period.
- If the deadline is missed, the court may restore it if the reasons are deemed valid.
7. Grounds for Refusal of Recognition and Enforcement
The court may refuse recognition and enforcement of a foreign arbitral award on the following grounds:
- Invalidity of the arbitration agreement under applicable law
- The award deals with matters not covered by the arbitration agreement
- Incapacity or limited legal capacity of a party
- Improper notification of a party regarding arbitration proceedings
- A final and binding court decision on the same dispute exists
- Non-compliance of the arbitration procedure with the agreement or applicable law
- The arbitral award has been set aside
- Violation of public policy of the Republic of Kazakhstan
Conclusion
Recognition and enforcement of foreign arbitral awards in Kazakhstan require strict compliance with procedural deadlines, document requirements, and relevant court practice.
| The Revera Kazakhstan team is ready to support the entire process - from preparing the documentation package to obtaining the writ of execution and assisting with enforcement proceedings. |
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