Article 39. Assistance of the court in granting interim measures and obtaining evidence of the Arbitration Law
1. During the arbitration proceedings, in the case provided for in paragraph 6 of Article 20 of this Law, the parties have the right to apply to the court with an application for securing the claim. The court's adoption of a ruling on securing a claim is not incompatible with the arbitration agreement.
2. An application for securing a claim considered in arbitration shall be submitted by a party to the court at the place of arbitration or the location of the property in respect of which interim measures may be taken.
3. The court's consideration of an application for securing a claim considered in arbitration and its ruling on securing a claim or refusal to secure it shall be carried out in accordance with the procedure established by the civil procedure legislation of the Republic of Kazakhstan.
4. A ruling on securing a claim considered in arbitration may be set aside by the court that issued this ruling upon the application of one of the parties. The arbitral award on the refusal to satisfy the claims is the basis for the cancellation of interim measures by the court.
5. The arbitral tribunal or a party, with the consent of the arbitral tribunal, may apply to the court for assistance in obtaining evidence. The Court is considering this appeal in accordance with the civil procedure legislation of the Republic of Kazakhstan.
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
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the 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
