Comments on article 253. Compulsory enforcement of an arbitration award of the Civil Procedure Code of the Republic of Kazakhstan

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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 place of residence of the debtor or at the location of the body of the legal entity, 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 shall be accompanied by:1) the original or a copy of the award. A copy of the decision of the permanent arbitration court is certified by the head of this arbitration court, 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.

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. The ruling may be appealed or appealed to the court of appeal, the decision of which 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.

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.

1. In accordance with article 54 of the Law "On Arbitration", an arbitration award is recognized as binding. The deadline for its voluntary execution is indicated directly in the decision itself. If the time limit is not specified in the award, it is subject to immediate enforcement. An application for the issuance of a writ of execution (for the enforcement of an arbitral award) is filed by the recoverer only if the arbitral award has not been executed voluntarily within the prescribed period. The application is submitted to the court at the place of arbitration of the dispute, either at the debtor's place of residence or at the location of the body of the legal entity, if the place of residence or location is unknown, then at the location of the debtor's property. It should be borne in mind that the place of arbitration in accordance with article 47 of the Law "On Arbitration" must be indicated in the award.

2. The application for the issuance of a writ of execution must necessarily be accompanied by originals or copies of the award and the arbitration agreement.

In accordance with article 4 of the Law "On Arbitration", arbitrations in the Republic of Kazakhstan may be established in the form of permanent arbitration or arbitration to resolve a specific dispute. Arbitration for the consideration of a specific dispute is established by the parties to resolve the dispute and is valid until the dispute is resolved or until the parties decide to refer the dispute to the court. Taking into account these features, a copy of the permanent arbitration award is certified by the head of this arbitration, and a copy of the arbitration award for resolving a specific dispute must be notarized. An application for the issuance of a writ of execution, filed without the attachment of these documents, is returned to the person who submitted it, according to the rules provided for in Article 152 of the CPC. In addition, the application must be accompanied by documents confirming payment of the state duty at the rate determined in accordance with subparagraph 11) of paragraph 1 of Article 535 of the Tax Code.

3-5. The time limit for filing an application for the issuance of a writ of execution is limited to three years from the date of expiry of the period for voluntary enforcement of the arbitral award. For those arbitral awards that do not specify a time limit for voluntary enforcement, the time limit for filing an application for the issuance of a writ of execution begins to flow from the moment the award enters into force, that is, from the moment it is signed by the arbitrator(s) (paragraph 3 of Article 45 of the Law "On Arbitration").Skipping the deadline allows the court to return the submitted application for the issuance of a writ of execution without consideration. The ruling may be appealed or appealed to the court of appeal within one month from the date of its issuance. The decision of the appellate instance is final.At the same time, the deadline for filing an application for the issuance of a writ of execution may be restored at the request of the recoverer, filed with the application. The court has the right, by a reasoned ruling, 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 according to the general rules established in Article 126 of the CPC.

6-7. 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. Within this period, the court is obliged to notify the debtor of the received application, the place and time of its consideration at the court session, and the recoverer of the place and time of its consideration at the court session. 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. In this case, the court should only clarify the question of the existence or absence of grounds for refusing to issue a writ of execution provided for in Article 255 of the CPC. The grounds provided for in subparagraph 1) The first part of Article 255 of the CPC is checked by the competent court only from the point of view of compliance with procedural rules.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)

By 63

ISBN 978-601-236-042-4

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