Abstract:

The fact that foreign contractors companies do construction business in Kazakhstan, the application of Kazakhstan law mostly in the resolution of disputes arising from the construction contracts concluded with them and the authorisation of Kazakhstan courts have revealed that Kazakhstan legislation is insufficient in the resolution of such disputes, not in accordance with the rules adopted in international private law. This has led to the need for the laws of Kazakhstan to be aligned with the international law rules. In this context, amendments to the Kazakistan Civil Procedure Act and the Kazakistan Arbitration Act have been made. In our study, the issue of arbitration of disputes arising from a foreign element construction contract will be examined within the framework of the new regulation in Kazakhstan. In this context, the validity of the arbitration contract/condition, the procedure in the arbitration judgment, the decisions that the arbitration/judgment committee can make, the arbitration decision will be subject to the subjects of abolition.

Abstract:

The fact that foreign contraction companies perform construction work in Kazakhstan and in disputes arising from contracts concluded with them, in most cases, are apply the norms of Kazakhstan legislation and disputes are resolve by Kazakhstan courts revealed that the norms of Kazakhstan legislation are not sufficient in resolving such disputes and are incompatible with the rules adopted in international private law. This issue led to the necessity of harmonizing the legal rules of Kazakhstan, with the rules of international law. In this context, amendments were made to the Civil Procedure Code of Kazakhstan and the Arbitration Law of Kazakhstan. In our study, the topic of resolution of disputes arising from construction contracts with foreign elements by arbitration will be examined under the new regulation of Kazakhstan. In this context, the issue of the validity of the arbitration agreement/clauses, the procedures of arbitration, the arbitral/arbitral tribunal awards and the elimination of the arbitral award will be covered.

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