Article 27. Return of the statement of claim The Law on Arbitration
1. The arbitration court returns the statement of claim if:
1) there is no arbitration agreement between the parties;
2) the claim has been submitted to arbitration, which is not provided for in the arbitration agreement;
3) the subject matter of the claim goes beyond the scope of the arbitration agreement;
4) the interests of third parties who are not parties to the arbitration agreement are affected;
5) the statement of claim is signed by a person who does not have the authority to sign it.;
6) the plaintiff has filed an application for the return of the statement of claim;
7) in the proceedings of the same or other arbitration, there is a case on a dispute between the same parties, on the same subject and on the same grounds.
2. Upon the return of the statement of claim, the arbitration court issues a reasoned ruling.
3. The return of the application does not prevent the plaintiff from re-applying to arbitration with a claim against the same defendant, on the same subject and on the same grounds, in compliance with the requirements established by the legislative acts of the Republic of Kazakhstan, the rules of the relevant permanent arbitration or the agreement of the parties.
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
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