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THE PLACE OF THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ABOUT ARBITRATION» IN THE SYSTEM OF THE PRESENT LAW OF KAZAKHSTAN: SINGLE QUESTIONS OF ARBITRATION PROCEEDING

Annotation

In this article the author considered the question concerning definition of the place of the law of the Republic of Kazakhstan «About arbitration» in the system of the present law of Kazakhstan. In the course of the analysis of court practice of arbitration of such types of regulations of the Republic of Kazakhstan, as the Civil code of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan, laws of the Republic of Kazakhstan: «About arbitration», «About modification and additions in some acts of the Republic of Kazakhstan concerning arbitration», «About consumer protection», «About public-private partnership», «About government procurement» the author considered single problematic issues of arbitration proceeding and offered ways of improvement of this process. In particular, the author noted that the absence in the law «About Arbitration» and in Chapter 20 of Civil Procedure Code of the Republic of Kazakhstan of any regulations on what consequences in arbitration proceeding are attracted by removal of definition by court about refusal in delivery of a writ of execution on compulsory execution of the arbitral decision cannot but raise questions. First of all, they have to be divided on excluding a possibility of the subsequent repeated arbitration consideration of a dispute and allowing such consideration under certain conditions. Besides, it is necessary to define the refusal bases in delivery of a writ of execution which open the right for judicial protection for the parties of a legal dispute - the right for the appeal of the parties of a dispute to court, despite earlier concluded arbitration agreement (reservation). On the basis of consideration of these and other problematic issues of arbitration proceeding by the current legislation of the Republic of Kazakhstan the author came to a conclusion that in spite of the fact that the adopted Law of RK «About Arbitration» and a number of the made additions and changes in separate legal acts of the Republic of Kazakhstan lifted institute of arbitration and many questions of arbitration proceeding to rather high legal level, single questions remained not resolved or are resolved not in full.

Keywords

arbitration; court practice; arbitration proceeding; legal acts; arbitral justice

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Pages

155-163

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