Jurisdiction over Petitions for the annulment of an arbitral award
A petition for the annulment of an arbitration award in accordance with part 2 of Article 464 of the CPC is filed with the relevant court of appeal of the Republic of Kazakhstan:
at the place where the dispute is considered by arbitration, if the arbitral award is made in the territory of the Republic of Kazakhstan;
at the location of the permanent arbitration court, if the arbitration decision is made according to the law of the Republic of Kazakhstan in a foreign state;
at the place of formation of the arbitration in the Republic of Kazakhstan, if the arbitration decision is made according to the law of the Republic of Kazakhstan in a foreign state.
There are no violations of jurisdiction, the courts correctly apply the specified rule of law.
For example, the decision of the permanent arbitration court of Bolshoe juriKazakhstan dated April 25, 2017 satisfied the claim of Tsesnabank JSC (the legal successor of First Heartland Jusan Bank JSC) to the Kazichnikovs for debt collection. First Heartland Jusan Bank JSC applied to the court for the annulment of the arbitration award. By the ruling of the Judicial Board for Civil Cases of the North Kazakhstan Regional Court dated September 13, 2021, the petition was returned with all the attached documents.
The court found that the decision of the permanent arbitration court "Grand Jury of Kazakhstan" dated April 25, 2017 was made in the city of Nur Sultan, since the seat of the arbitration is the city of Nur Sultan, a petition for the annulment of the arbitral award must be submitted to the court of appeal of the city of Nur Sultan.
By the decision of the Permanent Arbitration Court at the Central Kazakhstan Permanent Arbitration LLP dated October 11, 2021, M.O. Stungishbayeva collected debts in the amount of 2,084,664 tenge, an arbitration fee in the amount of 62,540 tenge and postage in the amount of 800 tenge.
Tungishbaev M.O. appealed to the Almaty City Court with a motion to cancel the arbitration decision.
By the ruling of the Judicial Board for Civil Cases of the Almaty City Court dated April 29, 2022, the petition was returned. The court reasoned that the decision was made by the arbitrator in the city of Karaganda, therefore the petition was filed in violation of the rules of jurisdiction, the petition must be resolved by the Karaganda regional Court.
By the ruling of the Judicial Board for Civil Cases of the Pavlodar Regional Court dated April 6, 2021, the petition of Abdeshovoyd.T. for the cancellation of the decision of the permanent arbitration court at the Central Kazakhstan Permanent Arbitration LLP dated March 2, 2021 due to a violation of the rules on jurisdiction was returned.
The seat of the arbitration and the place of making the arbitration decision is the city of Karaganda, the petition for the annulment of the arbitration decision is beyond the jurisdiction of the Pavlodar Regional Court, the petition must be resolved by the Karaganda Regional Court.
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