Cancellation of the decision of the International Arbitration Court | Grounds for cancellation of the decision of the Arbitration Court | Cancellation of the decision on debt collection
Bostandyk District Court of Almaty, consisting of: with the participation of the applicant's representative, G.T. Sarzhanov, a representative of Microfinance Organization LLPI-Credit.kz " Abd A.S., having considered the application of the defendant S.O.V. for the cancellation of the decision of the Aval International Arbitration Court LLP dated 07/01/2017. according to the statement of claim of Microfinance Organization LLPI-Credit.kz " to S.O.V. on debt collection.
By the decision of Aval International Arbitration Court LLP dated 07/01/2017 with S.O.V. in favor of Microfinance Organization LLPI-Credit.kz " the amount of debt has been collected. The defendant S.O.V. appealed to the Bostandyk District Court of Almaty with an application for cancellation of the above-mentioned arbitration award, arguing that the defendant was not properly notified, which is the basis for cancellation of the arbitration court's decision by virtue of paragraph 1, Part 3, Article 52 of the Law of the Republic of Kazakhstan "On Arbitration". The representative of the defendant (applicant), Sergeev V.A., supported the application at the hearing. Representative of Microfinance Organization LLPI-Credit.kz " at the court hearing, he asked to dismiss the petition on the grounds set out in the written response to the application. After hearing the explanations of the parties, examining the case materials, and the evidence presented, the court came to the following conclusion. During the study of the case materials, it was established that Aval International Arbitration Court LLP, after accepting the claim of Microfinance Organization LLPI-Credit.kz " to S.O.V. he informed the defendant about the collection of the debt amount by cell number 8 (701).... whereas the defendant indicates that the latter has cell number 8 (747)....
During the study of the case file on the claim of Microfinance Organization LLPI-Credit.kz " to the S.O.V. on debt collection, it was established that the micro-loan agreement is not readable, the phone number is not visible, in this regard, it is not possible to establish which phone number was indicated at the time of the conclusion of the agreement. There are no other notices from the defendant in the case file. According to Part 1 of Article 129 of the CPC, a court summons or other notification is delivered by registered mail with the notification or by persons to whom the judge assigns it, or by sending a text message in electronic form to a cellular subscriber number or email address, or using other means of communication that record the notification or call. The time of delivery of the summons or other notification to the addressee is marked on the counterfoil of the summons or a copy of another notification to be returned to the court. However, in violation of the above-mentioned legal norms, the case file lacks supporting documents on sending a registered letter with a notification, which leads to the conclusion that S.O.V. was not properly notified of the arbitration proceedings, as required by the norms of current legislation. In accordance with clause 3, Part 1, Article 52 of the Law of the Republic of Kazakhstan "On Arbitration Award", in order for an arbitration award to be annulled by a court, the party filing the request for annulment must provide evidence that: the party was not properly notified of the appointment of an arbitrator or of the arbitration
during the trial or for other reasons recognized by the court as valid, she could not provide her explanations. In such circumstances, S.O.V.'s application is subject to satisfaction, therefore, the decision of the Aval International Arbitration Court LLP is subject to cancellation. Based on the above, guided by Articles 464-465, 268-269 of the CPC, the court ruled: To satisfy the application of the defendant S.O.V. To cancel the decision of Aval International Arbitration Court LLP dated 07/01/2017. on recovery from S.O.V. in favor of Microfinance Organization LLPI-Credit.kz " the amounts owed.
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