KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates’ Bureau
The award becomes binding on the parties upon its issuance, unless otherwise provided by the applicable arbitration rules or the parties’ agreement. The same general requirements apply under the AIFC Arbitration Regulations. 10.2 Types of Remedies Subject to the parties’ agreement and applicable sub - stantive law, arbitral tribunals may grant the remedies sought by the parties, provided that such remedies are not prohibited by law and fall within the tribunal’s jurisdiction. Available remedies generally include monetary dam - ages, specific performance where permitted by the applicable law, declaratory relief, contractual reme - dies and interest. An arbitral tribunal may also allocate arbitration costs and legal fees in accordance with the applicable law and the parties’ agreement. The same general principles apply under the AIFC Arbitration Regulations. 10.3 Recovering Interest and Legal Costs Unless otherwise agreed by the parties or restricted by the applicable substantive law, an arbitral tribunal may award interest where it forms part of the claim - ant’s substantive claim. An arbitral tribunal may also allocate the costs of the arbitration, including arbitrators’ fees, institu - tional costs and other arbitration-related expenses, in accordance with the applicable arbitration rules and the circumstances of the case. Legal costs may likewise be awarded where permitted by the applicable law or arbitration rules. The tribunal generally has discretion to determine whether such costs are recoverable and, if so, in what amount. 11. Review of an Award 11.1 Grounds for Appeal Arbitral awards rendered in Kazakhstan are not sub - ject to appeal on the merits.
A domestic arbitral award may be set aside only on the limited grounds prescribed by the Law on Arbitra - tion. These grounds broadly reflect those set out in the UNCITRAL Model Law and include, among others, invalidity of the arbitration agreement, lack of proper notice or inability of a party to present its case, excess of jurisdiction, irregularities in the composition of the tribunal or the arbitral procedure, non-arbitrability of the dispute, and conflict with the public policy of Kazakhstan. Awards rendered in arbitrations seated in the AIFC may likewise be challenged only on the limited grounds set out in the AIFC Arbitration Regulations. 11.2 Excluding/Expanding the Scope of Appeal The grounds for setting aside an arbitral award are mandatory and cannot be expanded or excluded by the parties’ agreement. Accordingly, the parties cannot confer on the courts a broader power to review the merits of an arbitral award, nor can they waive the statutory grounds for setting aside an award where such grounds are pro - vided by law. The same approach applies under the AIFC Arbitration Regulations. 11.3 Standard of Judicial Review Judicial review of arbitral awards in Kazakhstan is limited to the statutory grounds for setting aside or refusing recognition and enforcement of an award. The courts do not review the merits of the dispute or reassess the factual or legal conclusions reached by the arbitral tribunal. In considering an application to set aside an award, the court determines whether any of the statutory grounds for judicial intervention have been estab - lished. The review is therefore confined to matters expressly provided for by law and does not constitute an appeal on the merits. The same principles apply under the AIFC Arbitration Regulations.
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