International Arbitration Court
International Arbitration Court and Mediation courts of the Chamber of Commerce of the Republic of Kazakhstan are the successors of the Arbitration Commissions formed on October 5, 1993. International Arbitration and the Mediation Courts of the Chamber are the leading arbitration courts in Kazakhstan for disputes arising in the fields of foreign trade, international economic relations, export and import transactions. The International Arbitration and Mediation courts function in accordance with their internal provisions and other regulations which are fully consistent with national legislation.
International Arbitration Court of the Chamber is considering disputes arising from civil (commercial) contracts, according to the norms of domestic law and international law, if one of the parties is a non-resident of the Republic of Kazakhstan.
Mediation Court of the Chamber considers disputes arising from commercial contracts between residents of the Republic of Kazakhstan according to the norms of domestic law with the statutory restrictions of the Republic of Kazakhstan.
Advantages of International Arbitration and Mediation courts of the Chamber of the Republic of Kazakhstan:
- Simplified procedure
- The higher speed and efficiency of the process
- Impartiality and objectivity in resolving the dispute
- Decision of the arbitration (mediation) court is final
- Flexible payment system for arbitration
- Independence in the arbitrator assignation
- Confidentiality of arbitration (mediation) proceedings
- Ability of parties to set up their convenient time and place for dispute hearing
Recommended Arbitration clause:
“All disputes under this Agreement (contract) shall be finally settled by the International Arbitration (Mediation) court in the Chamber of Commerce and Industry of the Republic of Kazakhstan according to their Rugulations. The Parties take willful obligation to execute the decision as final. Failure to comply with the decision shall be recognized as a violation of the terms of this Agreement”.
If such an arbitration clause was not included into a contract for any reason, it is possible to conclude an agreement later to refer to the International Arbitration (Mediation) courts of the Chamber of Commerce and Industry of the Republic of Kazakhstan for dispute resolution.
Example agreement to refer the dispute resolution at the International Arbitration (Mediation) courts at CCI RK:
Almaty «___»________ 201_
represented by the authorized person______________________
and company name ____________________________________
represented by the authorized person_______________________
enter into this agreement as follows:
All disputes arising under the contract № ____dated by ____________ shall be finally settled in the International Arbitration (Mediation) courts at the Chamber of Commerce and Industry of the Republic of Kazakhstan according to their Regulations. The Parties take willful obligation to execute the decision as final. Failure to comply with the decision shall be recognized as a violation of the terms of this Agreement.
List of arbitrors:
- Bazarbayev Bakhyt Bazarbaevich, PhD in Law – Professor of private law at the Caspian Public University
- Anatoliy Didenko, PhD in Juridical Science – Professor of private law at the Caspian Public University
- Zhanaydarov Iskander Urazovich, PhD in Law – Associate Professor, Senior Associate of the law firm Denton Wilde Sapte law firm
- Marat Ibragimov Azizovich, PhD in Law – Senior researcher at academy, a lawyer at White & Case law firm
- Ilyasova Kulyash Muratovna, PhD in Law – Professor at the Institute of Private Law in Kazakh State University
- Ispaeva Gulnar Bahytovna, LLM, PhD in Law of the Turkish Republic – Assistant professor of International law in the Kazakh State University
- Mykasheva Kulgaysha Vahitovna, PhD in Law – Lawyer at Novikov & Advisors law firm
- Chentsova Olga, PhD in Law – Director of a private law firm Aequitas, Managing Partner
- Matasov Sergey – Deputy Chairman of the BTA bank
- Chesnakova Irina G. – Director of Legal Department of JSC AziyaPromSbyt
- Abikeev Nurganat Sholpanbekovich – Head of non performing loan department at the Bank CenterCredit
- Kaudyrov Tolesh Erdenovich, PhD in Law – Professor, Chair of Civil Law department at the Kazakh Humanitarian Law University, Director of the Institute of Civil Law Studies
- Abikeev Aidarkhan – Head of Legal Department, RSE KazAviaSpas, Ministry of the Emergency Situation RK
- Kurmangali Bolat Serikovich – Patent Attorney of the Republic of Kazakhstan, Academician of International Informatization Academy, Chairman of the Committee’s assessment of intellectual property of the CCW, the head of the Special Economic Zone «Alatau IT City»
- Sukur Tahir Mendgalievich – Director of the office of the Swiss company Sea Safe-Invest Limited Kazakhstan, Head of the Legal Department at Centrostal-Domstal LLP.
The board of the International Court of Arbitration:
Bazarbayev BB – Chairman of the International Court of Arbitration and the Mediation Court
Abikeev AS – Deputy Chairman of the International Court of Arbitration and the Mediation Court
Tursunov RS – Executive secretary of the International Court of Arbitration and the Mediation Court
Address of International Arbitration (arbitration) courts at CCI RK:
050000, Almaty, Masanchi, 26
Tel. / fax: 8 (727) 292-79-41, 277-70-55