Article 52. The basis for the annulment of the arbitral award The Law on Arbitration
1. In order for an arbitral award to be annulled by a court, the party filing the request for annulment must provide evidence that:
1) it contains a decision on an issue not provided for by the arbitration agreement or not subject to its terms, or contains rulings on issues beyond the scope of the arbitration agreement, as well as due to the non-jurisdiction of the dispute to arbitration.
If arbitral awards on matters that are covered by an arbitration agreement can be separated from awards on matters that are not covered by such an agreement, then only that part of the award that contains decisions on matters not covered by the arbitration agreement can be set aside.;
2) one of the parties to the arbitration agreement has been declared legally incompetent by the court or the arbitration agreement is invalid according to the law to which the parties subordinated it, and in the absence of such indication – according to the legislation of the Republic of Kazakhstan.;
3) the party was not properly notified of the appointment of an arbitrator or of the arbitration proceedings, or for other reasons deemed valid by the court, could not provide its explanations.;
4) the composition of the arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties, unless such agreement contradicts any provision of this Law from which the parties cannot derogate, or in the absence of such agreement did not comply with this Law.;
5) there is a court decision or an arbitral award that has entered into legal force and has been rendered in a dispute between the same parties, on the same subject and on the same grounds, or a court or arbitration ruling on the termination of proceedings in connection with the plaintiff's rejection of the claim.;
6) excluded by the Law of the Republic of Kazakhstan dated January 21, 2019 No. 217-VI (effective ten calendar days after the date of its first official publication).
2. The arbitral award shall be annulled by the court if it is determined that:
1) the arbitration award contradicts the public policy of the Republic of Kazakhstan;
2) a dispute on which an arbitral award has been rendered may not be the subject of arbitration proceedings under the legislation of the Republic of Kazakhstan.
3. When considering an application for annulment of an arbitral award, the court has no right to review the arbitration award on its merits.
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
© 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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