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Consideration of applications for annulment of an arbitral award (articles 464-465)
Due to the amendments made to the CPC, the consideration of petitions for the annulment of arbitral awards is now referred to the jurisdiction of the courts of appeal (previously considered by the courts of first instance).
The petitions were considered by the courts of appeal of the cities of Nur-Sultan, Almaty, Karaganda, Atyrau, West Kazakhstan, Pavlodar, Kostanay, Aktobe, and North Kazakhstan regions.
The facts of the consideration of petitions by the courts of first instance have not been established.
The Judicial Board for Civil Cases sent a letter No. 6001-20-3-1-5/766 dated October 29, 2020 to the chairmen of regional and equivalent courts with detailed recommendations on judicial practice on the application of the norms of Chapter 56 "Proceedings on a petition for the annulment of arbitral awards".
The courts propose to consolidate the provisions reflected in the letter in a regulatory explanation or a regulatory resolution.
Thus, when considering applications for the annulment of arbitral awards, judges face a legal problem related to the limits of appeal.
For example, by virtue of paragraph 3 of Article 52 of the Law "On Arbitration", when considering a request for annulment of an arbitration award, the court does not have the right to review the arbitration decision on its merits, whereas Article 413 of the CPC obliges the court of appeal to verify the legality and validity of the decision of the court of first instance in full.
This conflict of law precludes the implementation of the principle of the right to judicial protection in its fullest form.
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