Application form for annulment of an arbitration award
To the Medeu District Court of Almaty
Republic of Kazakhstan, Almaty,
34 Nusupbekov St., 050016.
from: gr. ..........,
IIN: ...........
prozh.: Zhambylk region, city ..., mkr. ..., d .., sq...
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50 Business center Block, office No. 202.
info@zakonpravo.kz
Phone: 8 708 578 57 58
Statement
on the cancellation of the arbitration award
09/02/2011... Permanent Arbitration "Forum Votum" consisting of an arbitrator ..... with the secretary of the arbitration meeting ....., with the participation of a representative of the plaintiff, Special Financial Company Finance LLP ......., acting on the basis of power of attorney No.. dated April 18, 201.., considered the dispute over the claim of LLP "Special Financial Company "Finance" to gr. .........., I decided to settle the claims of the limited Liability partnership "Special Financial Company "Finance" against gr. .........., on debt collection under a bank loan agreement, recovery of expenses for the payment of the arbitration fee,
Collect from gr. .........., in favor of the plaintiff, LLP "Special Financial Company "Finance", the amount of debt in the amount of 1,596,322 (One million five hundred ninety six thousand three hundred twenty two tenge 00 tiyn), To recover from gr.........., in favor of the plaintiff, Special Financial Company Finance LLP, the amount of registration and arbitration fees paid by the plaintiff is 37,926 (Thirty-seven thousand nine hundred and twenty-six tenge 00 tiyn). The arbitration award was made in favor of Finance Special Financial Company LLP and the Decision of the Forum Votum 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? At the court hearing, the defendant gr. .........., I did not participate, and I have never received notifications about upcoming court sessions. We learned about this decision from the employees of Special Financial Company Finance LLP. And the court's decision was received by the Permanent Forum Votum Arbitration on purpose on July 10, 201.. years. Thus, the defendant did not have the opportunity to get acquainted 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 our interests. In addition, the case pending before the Arbitration Court affects our interests, and the decision in this case may affect our rights and obligations.
Application form for annulment of an arbitration award
We also disagree with the Decision of the Forum Votum Arbitration Court, as we believe that the limitation period on the part of the plaintiff was missed from the date of assignment of the loan dated 07/29/2011.. one year prior to the conclusion of the Supplementary Agreement dated 05/08/2011.. The general 3-year deadline was missed. And the Supplementary Agreement dated 05/08/2015 has no legal force because the signature of the Defendant's mother is there (where in 201.. employees of the LLP "Special Financial Company "Finance".misleading, we received the signature of the defendant's mother then as the defendant's mother did not have the right to a Notarized power of attorney with the right to sign where she could sign on behalf of the defendant (son)), we are preparing an application to law enforcement agencies on this fact.
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 Civil Procedure Code of the Republic of Kazakhstan
I ask the Court:
To cancel the Decision of the Arbitration Court "Forum Votum" dated 02.09.201.. of the year, according to the claim of the LLP "Special Financial Company "Finance" to gr. .........., about debt collection.
To resume consideration of the case on the merits.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___"___________20__ G.
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