Article 9. Form and content of the arbitration agreement The Law on Arbitration

Home / RLA / Article 9. Form and content of the arbitration agreement The Law on Arbitration

1. The arbitration agreement is concluded in writing. An arbitration agreement is considered concluded in writing if it is contained in the form of an arbitration clause in a document signed by the parties, or concluded through the exchange of letters, telegrams, telephone messages, faxes, electronic documents or other documents defining the subjects and content of their will.

2. An arbitration agreement is also considered concluded in writing if it is concluded by exchanging a statement of claim and a response to the claim, in which one of the parties claims to have an agreement, and the other does not object to it.

3. A reference in a contract to a document containing a condition for the transfer of a dispute to arbitration is an arbitration agreement, provided that the contract is concluded in writing, and this reference is such that it makes the arbitration agreement part of the contract.

4. In the case provided for in paragraph 10 of Article 8 of this Law, the arbitration agreement must contain the consent of the authorized body of the relevant industry or the local executive body.

Other terms of the arbitration agreement may be determined by agreement of the parties.

5. Excluded by the Law of the Republic of Kazakhstan dated 02/27/2017 No. 49-VI (effective ten calendar days after the date of its first official publication).

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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