Article 57. Grounds for refusal to recognize and/or enforce an arbitral award The Law on Arbitration

Home / Laws / Article 57. Grounds for refusal to recognize and/or enforce an arbitral award The Law on Arbitration

1. The court refuses to recognize and (or) enforce an arbitral award, regardless of the country in which it was made, on the following grounds, if:

1) the party against whom the arbitral award was made will provide evidence to the court that:

The arbitration agreement is invalid according to the laws of the state to which the parties have subordinated it, and in the absence of such indication, according to the law of the country where the decision was made.;

The arbitral award is made on a dispute that is not provided for by the arbitration agreement or does not fall under 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 an arbitral award on matters covered by an arbitration agreement can be separated from decisions on matters not covered by such an agreement, then the issuance of a writ of execution for the enforcement of that part of the award that is covered by the arbitration agreement may not be refused.;

one of the parties to the arbitration agreement was declared legally incompetent or with limited legal capacity by the court.;

The party against whom the award was made 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 submit its explanations to the arbitration.;

there is a court decision or an arbitration 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.;

the composition of the arbitration or the arbitration procedure did not comply with the agreement of the parties or, in the absence of such agreement, did not comply with the laws of the country where the arbitration was conducted.;

The decision has not yet become binding on the parties, or has been annulled, or its execution has been suspended by the court of the country in accordance with the law of which it was issued.;

2) the court will determine that the recognition and (or) enforcement of this award is contrary to the public policy of the Republic of Kazakhstan or that the dispute on which the award was made cannot be the subject of arbitration in accordance with this Law.

2. The court issues a ruling on the issue of recognition and (or) enforcement of an arbitral award. This ruling may be appealed or protested in accordance with the civil procedure legislation of the Republic of Kazakhstan.

3. When considering a request for refusal to issue a writ of execution, the court shall not have the right to review the arbitration decision on the 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

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