KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates’ Bureau
already been constituted, where the applicable legal requirements are satisfied. The same general approach applies to arbitrations seated in the AIFC. Interim measures ordered by the arbitral tribunal are enforced by the Court of First Instance of the AIFC, as expressly provided for in both the Rules of the AIFC Arbitration Centre and the AIFC Arbitration Regulations. Furthermore, because the general legislation does not prohibit the parties whose dispute is being heard by the IAC of the AIFC from applying to the local courts of general jurisdiction for interim measures to secure their claim, some par - ties take advantage of this opportunity to seek such measures from those courts. 6.3 Security for Costs The Law on Arbitration does not contain provisions expressly empowering arbitral tribunals to order secu - rity for costs. Likewise, the AIFC Arbitration Regulations do not spe - cifically regulate security for costs. However, depend - ing on the circumstances of the case, an arbitral tribu - nal may consider whether such relief may be granted within its general powers to order interim measures. There is no established court or arbitral practice in Kazakhstan addressing security for costs. Arbitration proceedings seated in Kazakhstan are gov - erned by the procedural rules agreed by the parties. Where a permanent arbitral institution administers the arbitration, the applicable institutional rules govern the procedure, subject to any mandatory provisions of the applicable arbitration law. Ad hoc arbitrations are conducted in accordance with the procedure agreed by the parties. Failing such agreement, the arbitral tribunal may determine the procedure, subject to the requirements of the Law on Arbitration. 7. Procedure 7.1 Governing Rules
The AIFC Arbitration Regulations govern arbitrations seated in the AIFC and, where administered by the IAC, the IAC Arbitration Rules apply. 7.2 Procedural Steps The Law on Arbitration does not prescribe a manda - tory procedural framework for the conduct of arbitral proceedings. Subject to the mandatory provisions of the applicable arbitration law, the parties are free to agree on the procedure to be followed by the arbitral tribunal. In the absence of such agreement, the arbitral tribunal may conduct the proceedings in such manner as it considers appropriate, while ensuring that the parties are treated equally and are given a reasonable oppor - tunity to present their case. The same general principles apply under the AIFC Arbitration Regulations and the IAC Arbitration Rules. 7.3 Powers and Duties of Arbitrators Arbitral tribunals have broad procedural powers to conduct arbitral proceedings, subject to the parties’ agreement and the mandatory provisions of the appli - cable arbitration law. In exercising these powers, arbitrators must act inde - pendently and impartially, treat the parties equally, and ensure that each party is given a reasonable opportu - nity to present its case. The tribunal is also responsi - ble for conducting the proceedings efficiently and for determining the relevance, admissibility and weight of the evidence, unless otherwise agreed by the parties. The same general principles apply under the AIFC Arbitration Regulations and the IAC Arbitration Rules. 7.4 Legal Representatives The Law on Arbitration does not impose restrictions on the parties’ choice of legal representatives in arbi - tral proceedings. Parties may be represented by lawyers or other authorised representatives of their choosing, includ - ing foreign legal counsel, unless otherwise agreed by the parties or required by the applicable institutional rules. No statutory rules equivalent to those govern -
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