Article 14. The composition of the Arbitration Law on Arbitration

Home / RLA / Article 14. The composition of the Arbitration Law on Arbitration

1. The composition of the arbitration may be single or collegial.

The composition of the arbitral tribunal is formed by electing (appointing) arbitrators (an arbitrator) by agreement of the parties or in accordance with the procedure established by the rules of permanent arbitration.

2. The parties have the right to determine the number of arbitrators, which must be odd.

Unless otherwise agreed by the parties, three arbitrators shall be elected (appointed) to resolve the dispute in arbitration.

3. In permanent arbitration, the composition of the arbitral tribunal is formed in accordance with the procedure established by the rules of permanent arbitration and the arbitration agreement.

4. In arbitration, in order to resolve a specific dispute, the composition of the arbitral tribunal is formed in accordance with the procedure agreed upon by the parties.

5. When forming an arbitral tribunal consisting of three arbitrators, unless otherwise agreed by the parties or the dispute is considered by permanent arbitration, each party appoints one arbitrator, and the two arbitrators so appointed elect the third – the presiding arbitrator.

6. In the absence of an agreement between the parties and unless otherwise provided by the rules, the head of the permanent arbitration, and if the dispute is being considered by arbitration established to resolve a specific dispute, the Arbitration Chamber may, within thirty calendar days, at the request of one of the parties to the dispute, appoint arbitrators (arbitrators) from among the persons listed in the registers of the Arbitration Chamber or permanent arbitration, in cases where:

1) a party has not appointed an arbitrator within thirty calendar days from the date of receipt of a request to do so from the other party, unless another time limit is established by the rules or agreement of the parties;

2) two arbitrators have not agreed on the choice of a third arbitrator within thirty calendar days, unless another time limit is established by the rules or agreement of the parties, from the moment of their appointment.;

3) the parties have not agreed within thirty calendar days, unless otherwise specified by the rules of procedure or the agreement of the parties, on the choice of an arbitrator who will consider the dispute alone.

The decision of the head of the permanent arbitration on the appointment of arbitrators is not subject to cancellation.

The Law of the Republic of Kazakhstan dated April 8, 2016 No. 488-V SAM.

This Law regulates public relations arising in the course of arbitration activities in the territory of the Republic of Kazakhstan, as well as the procedure and conditions for the recognition and enforcement of arbitral awards in Kazakhstan.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases