Article 20. The right of arbitration to rule on its competence and order the adoption of measures to secure the claim of the Arbitration Act

Home / RLA / Article 20. The right of arbitration to rule on its competence and order the adoption of measures to secure the claim of the Arbitration Act

1. The arbitral tribunal shall independently decide whether or not it has the authority (jurisdiction) to consider a dispute submitted for its resolution, including in cases where one of the parties objects to the arbitration proceedings due to the invalidity of the arbitration agreement. For this purpose, the arbitration clause, which is part of the contract, is interpreted as an agreement independent of other terms of the contract. The decision of the arbitral tribunal on the invalidity of the contract does not entail the invalidity of the arbitration clause.

2. A party has the right to declare that the arbitral tribunal does not have the authority to consider a dispute submitted for its resolution before submitting its first statement on the merits of the dispute.

3. A party has the right to declare that the arbitral tribunal has exceeded its powers if, in the course of the arbitration, the subject of the arbitration becomes an issue that is not provided for by the arbitration agreement or which cannot be the subject of arbitration in accordance with the rules of the law applicable in this proceeding or the rules of arbitration.

4. The arbitral tribunal shall be obliged to consider the application made in accordance with paragraphs 2 and 3 of this article within ten calendar days, unless otherwise provided by the rules of procedure or the agreement of the parties. Based on the results of consideration of the application, a ruling is issued.

5. If, when considering the issue of its competence, the arbitral tribunal decides that the arbitral tribunal does not have the authority to consider the dispute, the arbitral tribunal may not consider the dispute on its merits.

6. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of any party, order any party to take such measures to secure a claim in respect of the subject matter of the dispute as it deems necessary, on which it issues a ruling.

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.

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Republic of Kazakhstan

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