Agreement on the settlement of a dispute through judicial mediation on the recovery of debts and damages under the Contract

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Agreement on dispute settlement through judicial mediation

Almaty on October 29, 2020, Party-1 - LLP "...........", Republic of Kazakhstan, Almaty, 124B Kopernik Street, office 105, represented by the Director ..........., acting on the basis of the Charter and             Party-2 - LLP ".............." (..............) Republic of Kazakhstan, Almaty, Medeu district, md. Kok-Tobe, St. .............., House 11, represented by the Director ..................., acting on the basis of the Statute and with the assistance of a judge – conciliator of a Specialized Interdistrict Economic Court Almaty Mr. ............... chosen by the Parties by mutual agreement, the mediation procedure in the civil case of the Supreme Court has been completed. № 7527-20-3-1/….. dated 10/20/2020 according to the claim of the LLP "..................." to THE LLP ".........." (..........) about recovery from LLP "............" (..........) in favor of the LLP ".............." debts and losses under the Agreement (Framework Agreement on Cooperation No. 10/06 dated October 26, 2017) in the amount of 4,814,080. 00 (four million eight hundred fourteen thousand eighty tenge) 00 tiyn.

Agreement on the settlement of a dispute through judicial mediation on the recovery of debts and damages under the Contract

Terms of the agreement.

The parties, without the participation of third parties, with the assistance of a conciliatory judge, concluded a mediation agreement on the basis of mutual concessions to each other on the following terms:

1.1. The -2 Party undertakes to pay the debt amount in the amount of 3,000,000 (three million) tenge by November 04, 2020.

Party-1 accepts the obligation of Party-2 to make voluntary payment and waives the claim for debt collection and damages under the Contract specified in the statement of claim.

The Parties agreed that in connection with the fulfillment by Party-2 of its obligations and the repayment to Party-1 of the amount of 3,000,000 (three million) tenge, the claims of the Parties to each other will cease and in the future any property and other claims arising from this dispute will be excluded.

Within the framework of this agreement, Party-1 decided to reduce the requirement for payment for Work under the Contract in the amount of 685,336.84 tenge.

After the -2 Party makes the payment specified in paragraph 3, the -1 Party undertakes to hand over to the district UGD minusovaya ESF in the amount of 685,336.84 tenge.

After the payment is made by the Party-2 and the delivery of the negative ESF by the Party – 1, the Parties undertake to sign an Act of Reconciliation of mutual settlements for the current date within 5 (five) business days.

The -2 Party will fulfill its obligations under this Agreement voluntarily.

Agreement on dispute settlement through judicial mediation

7.1. The mediation agreement is subject to execution based on the principles of voluntariness and good faith of the Parties.

The parties confirm the explanation by the conciliator judge of their rights and obligations stipulated by the Law of the Republic of Kazakhstan "On Mediation" and undertake to observe the principle of confidentiality of the judicial mediation procedure.

The Parties undertake to maintain the confidentiality of all information that took place during the settlement of the dispute during the mediation session (negotiations). Such information may be disclosed only in case of mutual consent of the Parties, as well as in cases stipulated by the legislation of the Republic of Kazakhstan.

The expenses of Party-1 for the payment of state duty in the amount of 138480 (one hundred thirty-eight thousand four hundred eighty thousand) tenge 5943 (five thousand nine hundred forty-three) tenge and 1389 (one thousand three hundred eighty-nine)tenge are subject to refund in accordance with the procedure 107 CPC RK and paragraph 3 of art. 108 of the Tax Code of the Republic of Kazakhstan.

This Agreement was concluded and signed by the Parties voluntarily, made in 3 copies on two pages and received by each Party.

The agreement serves as the basis for completing the judicial mediation procedure and transferring it to the judge considering the case on its merits.

Party-1 - LLP ".............." ____________ Sha.......va G.A. M.P.

Agreement on dispute settlement through judicial mediation

Party - 2 – LLP "..........." (..............)______________________ .................. M.P.

The conciliatory judge________________________ _______________________ M.P. 

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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