Sample Application for annulment of an arbitration award
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
In Almalinsky district court No. 2
city of Almaty
Republic of Kazakhstan, Almaty, 050005,
267 Tole bi St.,
+7 7 ........
from: gr. ..........,
IIN: ...................
Almaty, ul. ...., d...., sq. m....
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
Statement
on the cancellation of the arbitration award
September 11, 201.... the permanent Arbitration of Almaty consisting of the presiding arbitrator (judge) ......, formed in accordance with paragraph 3 of art. 14, paragraph 3 of art. 47 of the Law of the Republic of Kazakhstan "On Arbitration", paragraph 2 of art. 10, paragraph 3 of art. 31 of the Rules of Arbitration of Almaty (Arbitration Court of Almaty), with the participation of a representative the plaintiff ....... on the basis of an arbitration agreement (arbitration agreement) concluded between the parties, guided by I. 1 of Article 20 of the Law of the Republic of Kazakhstan "On Arbitration", paragraph 1 of art. 14 of the Rules of Arbitration of Almaty (Arbitration Court of Almaty), having considered in a closed arbitration (court) session in Russian, in the premises of the arbitration (court), a civil dispute on the claim of Bank of Astana JSC against the. .........., gr..........., on the joint recovery of the amount owed, the arbitration (court) decided - The Statement of Claim of Bank of Astana JSC to gr. .........., gr. .........., on the joint recovery of the amount owed – to satisfy in full.
To recover jointly and severally from the defendants gr. .........., gr. .........., in favor of Bank of Astana JSC, the amount of 15 102,270.57 (fifteen million one hundred two thousand two hundred and seventy) tenge, 57 tiyn, expenses paid to consider a dispute in arbitration (arbitration court) with gr. .........., in the amount of 75 51 1.35 (seventy-five thousand five hundred eleven) tenge, 35 tiyn, expenses paid for dispute resolution in arbitration (arbitration court) with ................... in the amount of 75 51 1.35 (seventy five thousand five hundred eleven) tenge, 35 tiyn, representative expenses per gr. .........., in the amount of 377,556.76 (three hundred seventy-seven thousand five hundred fifty-six) tenge. 76 tiyn, representative expenses from gr. .........., in the amount of -377,556.76 (three hundred seventy-seven thousand five hundred fifty-six) tenge, 76 thousand, in total to recover from the defendants gr. .........., the amount of - 16,008,406.70 (sixteen million eight thousand four hundred and six) tenge, 70 tiyn.
Sample Application for annulment of an arbitration award
The arbitration award was made in favor of Bank of Astana JSC and the Decision of the Arbitration Court disagree due to the fact that the composition of the arbitration court and the arbitration proceedings did not comply with the requirements of the legislation of the Republic of Kazakhstan on arbitration: -The party was not properly notified of the election (appointment) of the arbitrator and of the time and place of the meeting of the arbitral tribunal, or for other reasons could not provide the arbitral tribunal with its explanations; -The decision of the arbitral tribunal contradicts the principle of legality and public order of the Republic of Kazakhstan.
The descriptive and motivational part of the arbitration court's decision states: "the defendant did not appear at the court session, although he was duly notified. These statements are not true, as the defendant did not receive a court summons. In such circumstances, can it be argued that the defendant, as the defendant, was duly notified? The defendant did not participate in the court session, and he never received notifications about upcoming court sessions. We learned about this decision from the secretary of the Medeu district court. Almaty and there, the court clerk received the court's decision on purpose on October 19, 201.. years.
Thus, the defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the Plaintiff's claims and to collect the necessary materials to protect his interests. To use the right of pre-trial settlement of the case and / or to conclude a mediation / settlement agreement on mutually acceptable terms, in addition, the case pending before the Arbitral Tribunal affects the interests of the defendants, and the decision in this case may affect the rights and obligations of the defendants.
They also disagree with the Decision of the Arbitration Court, since the court in the decisions collected Interest in the amount of 1,723,797.99, whereas the legislator abolished the collection of all interest and Banks should only collect the amount of the principal debt, remuneration, penalties, representative expenses, etc. We also believe that the amount of remuneration and the amount of the principal debt were illegally accrued and we intend to conduct a Financial and Credit examination for the accrual of remuneration and principal debt and other circumstances. For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision. Based on the above, guided by Articles 264, 265 of the CPC RK
I ask the Court:
To cancel the Decision of the Permanent Arbitrator of Almaty dated 11.09.201.. of the year, according to the claim of JSC "Bank of Astana" to gr. .........., gr. .........., on the joint recovery of the amount owed;
To resume consideration of the case on the merits.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___"___________20__ G.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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