KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates‚ Bureau
Judicial Attitude Towards Intervention Kazakhstan courts generally adopt a non-interven - tionist approach and respect the autonomy of arbi - tration. They do not re-examine the merits of arbitral awards and only intervene in cases of serious proce - dural violations or clear breaches of due process. This practice enhances the credibility and independence of arbitration. If a claim is filed with a state court in breach of a valid arbitration agreement, Kazakhstan courts typically decline jurisdiction. In such cases, the court will terminate the proceedings and refer the par - ties to arbitration, thereby upholding the enforceability of arbitration clauses. If an arbitral tribunal rendered an award without having jurisdiction, such an award may also be subject to a set-aside procedure before the court. 5.3 Timing of Challenge In Kazakhstan, the national courts consider issues of jurisdiction only after the arbitral tribunal has expressed its position – either by ruling on jurisdic - tion in a final award or by declining to hear the case. This approach helps maintain a balance between the autonomy of arbitral proceedings and the supervisory role of the courts. Under the AIFC legislation, the issue of jurisdiction may be raised by challenging the tribunal and appeal - ing to the AIFC Court against the results of an unsuc - cessful challenge. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility When examining an arbitral tribunal’s jurisdiction, courts in Kazakhstan carry out a comprehensive and independent assessment, applying a de novo stand - ard. They do not restrict themselves to procedural or formal aspects. In contrast, issues of admissibility – such as whether pre-arbitration procedures were properly followed – are usually reviewed with a more deferential and restrained approach, reflecting respect for the tribu - nal’s procedural discretion. 5.5 Breach of Arbitration Agreement Kazakhstan courts do not favour initiating court pro - ceedings in breach of a valid arbitration agreement. If
a party submits a claim to a court despite the exist - ence of such an agreement, the opposing party must raise an objection. When the arbitration agreement applies to the dispute, the court will terminate the proceedings. However, if the other party fails to raise an objection, it is deemed to have consented to the court’s jurisdiction. In practice, courts are typically hesitant to consider disputes covered by an arbitration agreement. This is in keeping with a broader policy of endorsing arbitra - tion and other types of alternative dispute resolution. 5.6 Jurisdiction Over Third Parties Generally, arbitral tribunals in Kazakhstan may not assume jurisdiction over individuals or entities that have not explicitly consented to arbitration, ie, those that are not parties to the arbitration agreement. In exceptional cases, a tribunal may extend the pro - ceedings to third parties if they do not object to par - ticipating or have explicitly consented, for example by signing a written agreement to that effect. If a tribunal determines that the participation of a third party is permissible, there are no restrictions based on the nationality or jurisdiction of that party. The key requirement is either express consent or a legal con - nection to the arbitration agreement. An arbitral tribunal seated in Kazakhstan has the authority to allow a party to apply to the court for an order for interim or preliminary relief. This enables the protection of the party’s rights prior to the final award being issued – for example, by safeguarding assets or prohibiting certain actions. Under the AIFC legislation, the IAC Rules of Arbitration and Mediation permit the tribunal to issue an order for interim measures; however, interim measures issued by the tribunal are binding on the parties only if they voluntarily comply. To enforce such measures against third parties or to secure compulsory enforcement, court assistance is required. 6. Preliminary and Interim Relief 6.1 Types of Relief
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