Article 8. Transfer of dispute to arbitration of the Arbitration Law

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1. A dispute may be submitted to arbitration if there is an arbitration agreement concluded between the parties.

2. An arbitration agreement may be concluded by the parties in respect of disputes that have arisen or may arise between the parties in any particular civil law relationship.

3. An arbitration agreement in respect of a dispute that is pending before a court may be concluded before a decision on the dispute is made by the said court. In this case, the court issues a ruling on leaving the application without consideration.

4. An arbitration agreement to resolve a dispute under a contract, the terms of which are defined by one of the parties in forms or other standard forms and could be accepted by the other party only by joining the proposed agreement as a whole (the accession agreement), as well as under a loan agreement between a commercial organization and an individual who is not an individual entrepreneur, indeed, if such an agreement is concluded after the grounds for filing a claim have arisen.

5. Disputes arising from civil law relations between individuals and (or) legal entities may be submitted to arbitration by agreement of the parties.

6. Unless otherwise agreed by the parties, when referring a dispute to permanent arbitration, the rules of permanent arbitration shall be considered as an integral part of the arbitration agreement.

7. The arbitration agreement may be terminated by agreement of the parties in the same manner in which it was concluded.

8. Arbitration is not subject to disputes that affect the interests of minors, persons recognized as legally incompetent or with limited legal capacity, disputes between second-tier banks, organizations engaged in certain types of banking operations, organizations engaged in microfinance activities, and their borrowers. – individuals under bank loan agreements or microcredit agreements not related to the implementation of entrepreneurial activities, rehabilitation and bankruptcy, between subjects of natural monopolies and their consumers, between government agencies, subjects of the quasi-public sector.

The requirements of part one of this paragraph apply to collection agencies for assigned rights (claims) under bank loan agreements or microcredit agreements concluded with borrowers who are individuals who are not related to business activities.

9. Arbitration shall not have the right to consider disputes arising from personal non-property relations that are not related to property relations.

10. Arbitration is not entitled to consider disputes between individuals and (or) legal entities of the Republic of Kazakhstan, on the one hand, and government agencies, state-owned enterprises, as well as legal entities with fifty or more percent of voting shares (participation shares in the authorized capital) owned directly or indirectly by the state, on the other hand, in the absence of the consent of the authorized body of the relevant industry (in relation to republican property) or a local executive body (in relation to communal property).

State bodies, state-owned enterprises, as well as legal entities with fifty or more percent of voting shares (stakes in the authorized capital) owned directly or indirectly by the state, intending to conclude an arbitration agreement, must send a request to the authorized body of the relevant industry (in relation to republican property) or the local executive body (in relation to communal property). on giving consent to the conclusion of such an agreement, indicating the projected costs of the arbitration. The authorized body of the relevant industry or the local executive body is obliged to review the request within fifteen calendar days and send a written notification of irrevocable consent or a reasoned refusal to give consent. When considering a request, the authorized body of the relevant industry or the local executive body must take into account economic security and the interests of the state.

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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