KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates‚ Bureau
8.3 Powers of Compulsion Arbitrators in Kazakhstan have real but limited pow - ers. An arbitral tribunal may order the parties to produce documents or ensure witnesses attend the hearing. Such orders are binding on the parties, and failure to comply may be considered by the tribunal and weighed accordingly in its case assessment. However, when it concerns third parties that are not involved in the arbitration, the tribunal has no authority to force them to produce evidence or attend a hearing. In such situations, the interested party may request assistance from the state court. The court may accept the request and support the arbitration if it considers the application to be well-founded. Arbitration confidentiality in Kazakhstan is highly val - ued and maintained throughout all stages, including the recognition and enforcement of arbitral awards. Arbitral awards in Kazakhstan are not publicly dis - closed and are not freely accessible, and court rulings relating to arbitration are sealed by the courts. In Kazakhstan, arbitrators and participants in arbitra - tion proceedings generally must not disclose informa - tion obtained during the process without the consent of the parties or their legal successors. They also can - not be questioned as witnesses about such informa - tion, except in cases specified by Kazakhstan law. Moreover, criminal procedural legislation explicitly for - bids questioning an arbitrator as a witness, ensuring the confidentiality of arbitration processes. In general, sharing confidential information may be permitted with the consent of the parties. Under the AIFC legislation, according to IAC Rules of Arbitration and Mediation, unless the parties have agreed otherwise, all information related to arbitration procedures must be kept confidential, unless disclo - sure is authorised by a decision of the AIFC Court. 9. Confidentiality 9.1 Extent of Confidentiality
In accordance with the AIFC legislation, a party may be represented in arbitration proceedings by legal practitioners or any other person duly authorised by the party. 8. Evidence 8.1 Collection and Submission of Evidence Arbitral proceedings in Kazakhstan are founded on the principle of party autonomy. Each party decides what evidence it wishes to submit, and the arbitral tribunal assesses that evidence at its own discretion. There is no formal discovery or disclosure process under Kazakhstan arbitration law. However, the tri - bunal may request additional documents or clarifica - tions if it considers them necessary for resolving the dispute. In practice, parties are expected to submit all sup - porting evidence along with their statement of claim and statement of defence. There are no strict rules of evidence or limitations, although the parties may agree on specific parameters for the submission of certain categories of evidence. Regarding witness and expert testimony, the tribunal independently determines the procedure for exami - nation. This may include reviewing written witness statements, oral testimony during hearings and, where appropriate, cross-examination. 8.2 Rules of Evidence In arbitrations held in Kazakhstan, strict and formal rules of evidence – such as those used in state courts – do not apply. Arbitral tribunals and the parties are free to adopt the evidentiary methods they deem most suitable and effective. In this regard, evidentiary pro - cedures in arbitration are generally more flexible than those in court proceedings. By contrast, Kazakhstan courts, when adjudicating civil disputes, are governed by the Civil Procedure Code, which contains a highly formalised evidentiary framework and prescribes detailed rules for the sub - mission and evaluation of evidence.
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