New types of alternative (conciliation) procedures for dispute resolution in the Republic of Kazakhstan
On 1 January 2016, the new Civil Procedure Code of 31 October 2015, the Entrepreneurial Code of 29 October 2015, as well as the Law “On amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement of the justice system” are coming into effective. Among the innovations in these regulations is the promotion of alternative disputes re
13 November 2015 saw the adoption of the Republic of Kazakhstan Law to
Amend Certain Legislative Acts of the Republic of Kazakhstan on
Rehabilitation and Bankruptcy (hereinafter referred to as the Law).
Specifically, the Rehabilitation and Bankruptcy Law received a new
chapter, 6-1, Settlement, which enables the debtor and creditors to make
a settlement agreement at any stage of bankruptcy proceedings in order
to discontinue bankruptcy proceedings. The effective date of the
amendments is 2 December 2015.
In its practice, Linkage & Mind has not infrequently come across applications of FIDIC templates in major construction projects in various industries. FIDIC templates were normally used where the contractor was a foreign company and/or the project was financed by international financial institutions. In this context, the Kazakhstan party quite often tried to change the structure and contents of the contract in an attempt to harmonize it as much as possible with the Kazakhstan law and practices. In the end, the contract contained a great number of amendments and exceptions to the General Terms and Conditions
The Law of the Republic of Kazakhstan “On combating legalization
(laundering) of Illegally Gained Income and Financing of Terrorism”
(hereinafter – the Law) was amended by virtue of the Law of the Republic
of Kazakhstan № 343-V of 08.02.2015. In particular, the amendments were
made into the threshold amount of transactions in money and (or) other
assets, subject to financial monitoring.
Submission of dispute between Kazakhstani companies to international arbitration court. Is it possible?
As a general rule, investors and Kazakhstani entrepreneurs prescribe an arbitration clause in contracts with foreign counterparties and, subsequently submit disputes to international arbitration courts in other states (herein below “international arbitration courts”), and Kazakhstani residents also sometimes submit their disputes to international arbitration courts.
However, a judicial practice shows that residents encounter difficulties in recognition of validity of arbitration clauses (arbitration agreements), because the competent courts opine that residents’ disputes cannot be submitted to international arbitration courts, e.g. LCIA, ICC, etc., referring to provision of point 4, article 6 Law on Foreign Arbitration
Pursuant to Law of the Republic of Kazakhstan No.333-V of 17 July, 2015
“On amendments and additions into the certain legal acts of the Republic
of Kazakhstan pertaining increase of protection of property right,
securing performance of contractual obligations and strengthening of
liability for violation of them” the Civil Code, Law on registration of
mortgage of immovable property and Law on Banks and Banking Activity
have been amended.