Article 51. Review of an arbitration award based on newly discovered circumstances of the Arbitration Law
1. An arbitral award may be reviewed at the request of one of the parties to the arbitration agreement or another person whose rights are affected by newly discovered circumstances. The grounds for reviewing an arbitration award based on newly discovered circumstances are:
1) knowingly false testimony of a witness, knowingly false expert opinion, knowingly incorrect translation, forgery of documents or material evidence established by a court verdict that has entered into force, which led to the adoption of an illegal or unjustified decision;
2) the criminal acts of the parties, other persons participating in the case, or their representatives, or the criminal acts of the arbitrator committed during the consideration of the case, established by the court verdict that has entered into force.;
3) recognition by the Constitutional Court of the Republic of Kazakhstan of a law or other normative legal act unconstitutional, which was applied by arbitration when making an arbitration award.
2. An application for review of an arbitral award based on newly discovered circumstances shall be filed and considered by the arbitral tribunal that issued the award within three months from the date of establishment of the circumstances that served as the basis for review in accordance with the procedure established by this Law, unless another time limit is established by the rules or agreement of the parties.
Cases on newly discovered circumstances are considered and resolved by arbitration within a period of up to one month.
If it is impossible to meet with the arbitration court, including the permanent arbitration court, which rendered the decision in the previous composition, the application for revision of the decision on newly discovered circumstances is considered by the new composition of the arbitration court, formed in accordance with the procedure established by this Law.
The Law of the Republic of Kazakhstan dated April 8, 2016 No. 488-V SAM.
This Law regulates public relations arising in the course of arbitration activities in the territory of the Republic of Kazakhstan, as well as the procedure and conditions for the recognition and enforcement of arbitral awards in Kazakhstan.
President
Republic of Kazakhstan
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