Article 253. Compulsory enforcement of an arbitration award of the Civil Procedure Code of the Republic of Kazakhstan
1. If the arbitral award is not executed voluntarily within the time period specified therein, the party to the arbitration proceedings in whose favor the arbitral award was rendered (the recoverer) has the right to apply to the court for compulsory enforcement of the arbitral award at the place of arbitration of the dispute or at the debtor's place of residence or at the location of the body of the legal entity, if the place of arbitration is if the place of residence or location is unknown, then at the location of the debtor's property.
2. The application for the issuance of a writ of execution must comply with the requirements of the sub-paragraphs 1), 2), 3), 5), 7) and 8) parts two and four of Article 148 of this Code.
The following documents are attached to the application for the issuance of a writ of execution:
1) the original or a copy of the award. A copy of the permanent arbitration award is certified by the head of this arbitration, a copy of the arbitration award for resolving a specific dispute must be notarized.;
2) the original or a notarized copy of the arbitration agreement concluded in accordance with the procedure established by law.
If the application submitted to the court does not comply with the requirements of this Article, it is subject to return without consideration in accordance with the procedure established by the second part of Article 152 of this Code.
3. An application for the issuance of a writ of execution may be filed no later than three years from the date of expiry of the period for voluntary enforcement of the arbitral award.
4. An application for the issuance of a writ of execution submitted after missing the deadline, to which a request for reinstatement and supporting documents were not attached, shall be returned by the court without consideration, and a ruling shall be issued. A private complaint may be filed against the ruling, or a motion may be brought by the prosecutor to the court of appeal, whose decision is final.
5. The court has the right to restore the deadline for filing an application for the issuance of a writ of execution if it recognizes the reasons for missing the specified period as valid.
5-1. The court returns to the recoverer the application for the issuance of a writ of execution if the time limit for its appeal, established by the first part of Article 464 of this Code, has not expired.
6. An application for the issuance of a writ of execution is considered by a judge alone within fifteen working days from the date of receipt of the application to the court.
7. The court shall notify the debtor of the received application of the recoverer for the enforcement of the arbitral award, as well as the place and time of its consideration at the court session. The claimant is also notified of the place and time of consideration of his application. The failure of the debtor or the recoverer to appear at the court session is not an obstacle to the consideration of the application, unless the debtor has received a motion to postpone the consideration of the application, indicating valid reasons for the inability to appear at the court session.
8. When considering an application for the issuance of a writ of execution for the enforcement of an arbitral award, the court shall not have the right to review the arbitral award on its merits.
9. Based on the results of the consideration of the application, the court issues a ruling on the issuance of a writ of execution or on the refusal to issue it.
The court's ruling on the issuance of a writ of execution is subject to immediate execution.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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