Proceedings on the application for compulsory enforcement of an arbitration award
The arbitral award is binding on the parties to the arbitration, therefore it must be executed voluntarily, which follows from the essence of the arbitration agreement.
In accordance with subparagraph 10) of paragraph 2 of Article 47 of the Law, the time limit and procedure for the execution of the decision must be specified in the arbitration decision, if necessary.
If no time limit is specified, then such an arbitration award is subject to immediate enforcement (paragraph 2 of article 54 of the Law).
If the party refuses to voluntarily execute the arbitration decision, it is enforced by submitting an application to the court for the issuance of a writ of execution.
Such an application is submitted to the court in compliance with the requirements provided for in Chapter 20 of the CPC "Enforcement of an arbitral award".This chapter applies to legal relations when an arbitration award is made by the arbitration courts of the Republic of Kazakhstan.
Courts need to know the specifics of an arbitration award, as they differ significantly from a court decision.
In accordance with paragraph 3 of article 45 of the Law, an arbitral award is deemed to have been accepted at the place of arbitration and becomes effective on the day when it is signed by the arbitrator(s). At the same time, the courts should keep in mind that according to the second part of paragraph 2 of Article 47 of the Law, if arbitration proceedings are conducted collectively, then in the absence of an arbitrator's signature, the reason for its absence is indicated.
The arbitral award may not be signed by an arbitrator who has a special explanation, which must be attached in writing to the arbitral award.
The quality of drafting judicial acts
There are judicial acts in which the courts specify the basic concepts incorrectly. Inaccuracy in writing the formulations of terms used in judicial acts makes it difficult to understand and violates the logic of constructing a judicial act.
Article 2 of the Law regulates the basic concepts that arbitrations and courts must apply.
For example, it would be correct to specify arbitration rather than an arbitration court, an arbitration award rather than a decision or a decision of an arbitration court, arbitration proceedings rather than judicial proceedings.
Also, when studying judicial acts, it was found that in the Almaty City Court, when returning a petition for the annulment of an arbitration award due to non-payment of a state fee, judges issue judicial acts in violation of Article 269 of the CPC. The persons, the motives of the court, and references to the law (cases) are not indicated. №7599-22-3-9/213, №7599-22-3-9/224).
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