When considering an application for the issuance of a writ of execution for the enforcement of an arbitration award, the court does not have the right to review the arbitration award on its merits.
By virtue of part 8 of Article 503 of the CPC, when considering an application for the issuance of a writ of execution for the enforcement of an arbitration award, the court does not have the right to review the arbitration award on its merits, which is directly regulated in part 8 of Article 503 of the CPC and the UNCITRAL Model Law.
Thus, the determination of the Council of Economic and Social Council of the Pavlodar region dated August 11, 2020 satisfied the application of PJSC Dneprtyazhmash for compulsory enforcement in the territory of the Republic of Kazakhstan of the decision of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine dated June 2, 2016 on recovery from EVA-GROUP KZ LLP
arrears, penalties and arbitration fees and the issuance of a writ of execution.
During the consideration, the court did not accept the debtor's objections in part to the amount of the debt, and correctly indicated that when considering such an application, the court does not have the right to review the arbitration award on its merits.
At the same time, the court was guided by international norms, the Agreement and the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002 (Chisinau), which are not applied in the execution of arbitral awards made by foreign arbitrations.
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