Article 5. Principles of arbitration proceedings The Law on Arbitration

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Arbitration proceedings are conducted in compliance with the principles of:

1) the autonomy of the will of the parties, which means that the parties, by prior agreement among themselves, have the right to independently resolve issues of the procedure and conditions for conducting arbitration proceedings on a dispute that has arisen or may arise.;

2) legality, which means that arbitrators and arbitrations in their decisions are guided by the norms of the law applicable by agreement of the parties;

3) independence, which means that arbitrators and arbitrations are independent in resolving disputes referred to them and make decisions under conditions that exclude any influence on them.;

4) competitiveness and equality of the parties, which means that the parties in arbitration proceedings choose their position, ways and means of defending it independently and independently of anyone, and also enjoy equal rights and bear equal responsibilities.;

5) fairness, which means that arbitrators and arbitrators, when resolving disputes referred to them, and the parties to arbitration proceedings must act in good faith, observing established requirements, the moral principles of society and the rules of business ethics;

6) confidentiality, which means that arbitrators and participants in the arbitration proceedings are not entitled to disclose information that became known during the arbitration proceedings without the consent of the parties or their legal successors and cannot be questioned as witnesses about information that became known to them during the arbitration proceedings, except in cases provided for by the laws of the Republic of Kazakhstan;

7) the autonomy of the arbitration agreement, which means that the cancellation, modification or invalidation of the arbitration clause does not lead to the termination, modification or invalidation of the main agreement. Accordingly, the cancellation, modification or invalidation of the basic agreement does not lead to the termination, modification or invalidation of the arbitration clause.

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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