KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates’ Bureau
8.3 Powers of Compulsion Arbitral tribunals do not possess coercive powers comparable to those of state courts. Where a party or a third person fails voluntarily to pro - duce evidence or otherwise comply with the tribunal’s procedural directions, the tribunal may draw appro - priate procedural inferences. Still, it cannot compel compliance through enforcement measures. Under the Law on Arbitration, an arbitral tribunal or a party with the tribunal’s consent may request the competent state court to assist in obtaining evidence where such assistance is required. Similar powers are available under the AIFC Arbitration Regulations through the AIFC Court. 9. Confidentiality 9.1 Extent of Confidentiality Confidentiality is a fundamental feature of arbitration under Kazakhstan law. The Law on Arbitration imposes confidentiality obliga - tions on arbitrators, the permanent arbitral institution, and other persons involved in arbitral proceedings, who may not disclose information obtained in connec - tion with the arbitration without the parties’ consent, except as required by law. The AIFC Arbitration Regulations and the IAC Arbitra - tion Rules likewise contain provisions protecting the confidentiality of arbitral proceedings, subject to lim - ited exceptions recognised by the applicable rules or required by law.
ing rights of audience before the state courts apply in arbitration. The same approach applies under the AIFC Arbitration Regulations and the IAC Arbitration Rules. 8. Evidence 8.1 Collection and Submission of Evidence The parties are generally free to agree on the rules governing the collection and submission of evidence in arbitral proceedings. In the absence of such an agreement, the arbitral tribunal has broad discretion to determine the procedure for the taking of evidence. Neither the Law on Arbitration nor the AIFC Arbitra - tion Regulations prescribe detailed rules of evidence. Unless otherwise agreed by the parties, the arbitral tribunal may determine the relevance, admissibility, materiality and weight of the evidence and may decide the manner in which evidence is to be presented. In practice, arbitral tribunals in international cases may also refer to internationally recognised soft-law instruments, such as the IBA Rules on the Taking of Evidence in International Arbitration, where the parties have agreed to their application or the tribunal consid - ers them to provide useful procedural guidance. 8.2 Rules of Evidence Kazakhstan law does not prescribe a separate code of evidentiary rules applicable to arbitration. The parties are free to agree on the rules governing the taking of evidence. In the absence of such agreement, the arbitral tribunal has broad discretion to determine the procedure for the production, examination and assessment of evidence, subject to the principles of equality of the parties and procedural fairness. In international arbitrations, tribunals and parties may also, where appropriate, rely on internationally recog - nised soft-law instruments, including the IBA Rules on the Taking of Evidence in International Arbitration, if the tribunal considers them a useful procedural guide and the parties agree.
10. The Award 10.1 Legal Requirements
An arbitral award must be made in writing and signed in accordance with the applicable arbitration law. Unless otherwise agreed by the parties, the award must state the reasons upon which it is based, indi - cate the date of the award and specify the seat of arbitration.
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