KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates‚ Bureau
expected to follow the ethical rules of specific arbitral institutions, such as the IAC. Party representatives, including advocates and legal counsel, are subject to the professional ethics rules of their respective organisations: advocates must comply with the Code of Ethics for Advocates; legal consultants are bound by the ethical standards of their professional chambers or associations. 13.3 Third-Party Funding There is no specific regulation in Kazakhstan govern - ing third-party funding of arbitration. However, certain institutional rules, such as those of the IAC, recom - mend disclosing the identity of the funder. Even without specific requirements, third-party fund - ing must not breach the general civil law principles of good faith, cause conflicts of interest, or compromise the procedural equality of the parties in arbitration. 13.4 Consolidation Consolidation of multiple arbitral proceedings into a single arbitration is achievable. Although this mecha - nism is not explicitly governed by national legislation, it is outlined in the rules of certain arbitral institutions, which specify how and under what conditions con - solidation may take place.
Kazakhstan courts do not have any role in the consoli - dation of arbitral proceedings. This matter falls under the exclusive competence of the arbitral institutions or the arbitral tribunal itself. 13.5 Binding of Third Parties Under Kazakhstan legislation, an arbitration agree - ment and any resulting award are only binding on the parties involved in that agreement. In exceptional cases, third parties may still be affected by an arbitration agreement or award – for example, when the third party has explicitly consented to par - ticipate in the arbitration or when legal succession (such as assignment or inheritance) has taken place. In practice, a Kazakhstan court cannot force a foreign third party to participate in arbitration. However, if an arbitral award has been issued and is subject to rec - ognition and enforcement in Kazakhstan, the court may consider enforcing the award against a foreign party, provided that the requirements of the 1958 New York Convention and national legislation are met.
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