KAZAKHSTAN Law and Practice Contributed by: Sergei Vataev, Ilya Kirichenko and Yelena Dvoretskaya-Yussupova, Legit Advocates’ Bureau
13.2 Ethical Codes Kazakhstan does not have a single statutory code of ethics specifically applicable to international arbitra - tion. Arbitrators are required to comply with the duties of independence, impartiality and disclosure imposed by the Law on Arbitration or, where applicable, the AIFC Arbitration Regulations and the IAC Arbitration Rules. These instruments contain the principal ethical obliga - tions applicable to arbitrators. In international arbitrations, tribunals and parties may also refer to internationally recognised soft-law instru - ments, including the IBA Guidelines on Conflicts of Interest in International Arbitration, where appropriate. 13.3 Third-Party Funding Neither the Law on Arbitration nor the AIFC Arbitration Regulations specifically regulate third-party funding of arbitration. Kazakhstan law neither expressly permits nor prohibits third-party funding arrangements. Accordingly, issues relating to the validity, disclosure and consequences of funding agreements are generally governed by the applicable law and the circumstances of the particular case. To date, there is no established judicial or arbitral practice in Kazakhstan addressing third-party fund - ing in international arbitration.
13.4 Consolidation Neither the Law on Arbitration nor the AIFC Arbitra - tion Regulations contain a comprehensive statutory framework governing the consolidation of arbitral pro - ceedings. The possibility of consolidating arbitrations therefore depends primarily on the parties’ agreement and the applicable institutional rules. Where an arbitral insti - tution administers arbitration, consolidation may be available if expressly permitted by the relevant arbi - tration rules and the conditions for consolidation are satisfied. Accordingly, consolidation is principally a matter of party autonomy and institutional procedure rather As a general rule, arbitration is based on the parties’ consent. Accordingly, an arbitral tribunal has jurisdic - tion only over the parties to the arbitration agreement. It cannot determine the rights or obligations of third parties that have not consented to arbitration. Neither the Law on Arbitration nor the AIFC Arbitration Regulations contain comprehensive provisions gov - erning the joinder of third parties. Any participation by additional parties, therefore, depends primarily on the parties’ consent and the applicable institutional rules. than national arbitration legislation. 13.5 Binding of Third Parties
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