Principles of arbitration, transfer of dispute to arbitration
In accordance with paragraph 1 of Article 9 of the Civil Code, civil rights are protected by a court or arbitration.
The right of the parties to submit a dispute to arbitration is based on paragraph 1 of article 13 of the Constitution, according to which everyone has the right to have his legal personality recognized and has the right to defend his rights and freedoms in all ways that do not contradict the law.
By virtue of article 5 of the Law, arbitration proceedings are conducted in compliance with the principles:
the autonomy of the will of the parties, which means that the parties, by prior agreement among themselves, have the right to independently resolve the issue of the procedure and conditions for conducting arbitration proceedings in a dispute that has arisen or may arise.;
legality, which means that arbitrators and arbitrations in their decisions are guided by the norms of the law applicable by agreement of the parties.;
independence, which means that arbitrators and arbitrations are independent in resolving disputes transferred to them, making decisions in conditions that exclude any influence on them.;
competitiveness and equality of the parties, meaning that the parties to the arbitration proceedings choose their position, ways and means of defending it independently and independently of anyone, as well as enjoy equal rights and bear equal responsibilities;
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;
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 to information that became known to them during the arbitration proceedings, except in cases provided for by the Laws of the Republic of Kazakhstan;
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 new 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 inadmissibility of interference in the activities of arbitration is enshrined in article 7 of the Law, in which the legislator provided that arbitrators and arbitrators, when resolving disputes referred to them, are independent and make decisions under conditions that exclude any interference in their activities by government agencies and other organizations, with the exception of cases established by this Law.
Article 8 of the Law stipulates in which cases a dispute may be submitted to arbitration, which disputes may be submitted to arbitration, and which disputes are beyond the jurisdiction of arbitration.
According to paragraph 9 of Article 8 of the Law, arbitration is not entitled to consider disputes arising from personal non-property relations that are not related to property.
Therefore, the arbitration court has no right to consider a claim for moral damages.
Attention!
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