LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2013 No. 125-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of activities of arbitration and reference tribunal

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8; Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; The Law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013):

in Item 1 of Article 9 of the word "Arbitration Court" to replace with the word "arbitration".

2. In the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 23, Art. 335; 1998, No. 23, Art. 416; 2000, No. 3-4, of Art. 66; No. 6, Art. 141; 2001, No. 8, Art. 53; No. 15-16, of Art. 239; No. 17-18, of Art. 245; No. 21-22, of Art. 281; 2002, No. 4, Art. 32, 33; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 18, Art. 142; 2004, No. 5, Art. 22; No. 23, Art. 139; No. 24, Art. 153, 154, 156; 2005, No. 13, Art. 53; No. 21-22, of Art. 87; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 5-6, of Art. 31; No. 12, Art. 72; 2007, No. 1, Art. 2; No. 5-6, of Art. 40; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 12, Art. 48; Art. No. 15-16, 62, 63; No. 23, Art. 114; 2009, No. 6-7, of Art. 32; Art. No. 15-16, 71, 73; No. 17, Art. 81, 83; No. 23, Art. 113, 115; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 4; No. 11, Art. 59; No. 17-18, of Art. 111; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 44; No. 10, Art. 77; No. 14, Art. 93; 2013, No. 2, Art. 10, 13; The law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013):

to state Item 1-1) of part two of Article 82 in the following edition:

"1-1) arbitrators or the arbitration judge - about the circumstances which became known to it in connection with execution of the obligations by it;".

3. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 1-2, of Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 1, Art. 9; No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50; No. 14, Art. 117; No. 16, Art. 128, 129; No. 23, Art. 179; 2012, No. 2, Art. 14; No. 6, Art. 43, 44; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 93; Art. No. 21-22, 124):

Headings of Articles 25 and 414 to state 1) in table of contents in the following edition:

"Article 25. Transfer of disputes on permission of arbitration or reference tribunal";

"Article 414. Civil procedural capacity to act of foreigners and stateless persons";

To replace 2) in part six of Article 24 of the word of "foreign citizens" with the word of "foreigners";

Article 25 to state 3) in the following edition:

"Article 25. Transfer of disputes on permission of arbitration or reference tribunal

The dispute subordinated to court which arose from the civil relations can be by agreement of the parties submitted arbitration or reference tribunal when it is not forbidden by legal acts of the Republic of Kazakhstan, and according to the subitem 4) of Article 170 and Article 192 of this Code.";

Part one of Article 61 to state 4) in the following edition:

"1. Powers on conducting case in court grant to the representative the right to making on behalf of represented all legal proceedings, except signing of the action for declaration, the conclusion of the agreement on carrying out mediation either case referral in arbitration or reference tribunal, complete or partial refusal of claims and recognition of the claim, change of subject or the basis of the claim, the conclusion of the voluntary settlement, delegation of power to other person (retrust), appeals of the court order, the requirement of forced execution of the court decree, receipt of the awarded properties or money.";

Subitem 3-1) of part two of Article 79 to state 5) in the following edition:

"3-1) arbitrators or the arbitration judge - about the circumstances which became known to it in connection with execution of the obligations by it;";

Part one of Article 153 to add 6) with the subitem 3) of the following content:

"3) is available accepted on dispute between the same parties, the award of arbitration or reference tribunal and about it became known of the same subject and of the same bases to court.";

7) in Article 154 part one:

5) to state the subitem in the following edition:

"5) in production of the same or other court or arbitration or reference tribunal there is contentious case between the same parties, about the same subject and of the same bases;";

add with subitem 5-1) of the following content:

"5-1) between the parties according to the law the devolution agreement of this dispute on permission of arbitration or reference tribunal is signed if other is not provided by legal acts of the Republic of Kazakhstan;";

To state part one of Article 158 in the following edition:

"According to the statement of persons participating in case of the parties arbitral or arbitration the court can take measures to providing the claim. Providing the claim is allowed in any provision of case if rejection of such measures can complicate or make impossible judgment execution.";

Article 160 to state 9) in the following edition:

"Article 160. Consideration of the application about providing the claim

The statement for providing the claim is allowed by the judge in day of its receipt in court without notice of the defendant and other persons participating in case, the parties arbitral or arbitration. Having considered the application for providing the claim, the judge takes out determination.";

Part one of Article 162 to state 10) in the following edition:

"1. According to the statement of person participating in case of the parties arbitral or arbitration replacement of one type of providing the claim with another is allowed. The question of replacement of one type of providing the claim with another is resolved by court with the notice of persons participating in case on time and the place of consideration of the application, however their absence does not interfere with consideration of the matter in essence. About replacement of one type of providing the claim with another the judge takes out determination.";

The subitem 4) of Article 170 to state 11) in the following edition:

"4) is explained to the parties by their right to resolve dispute according to the procedure of mediation or to apply for permission of this dispute in arbitration or reference tribunal and effects of such action;";

Article 185 to state 12) in the following edition:

"Article 185. Explanation to persons participating in case, their rights and obligations

The chairman explains to persons participating in case and representatives their procedural law and obligations, including to the parties, their right to resolve dispute according to the procedure of mediation or to apply for permission of this dispute in arbitration or reference tribunal and effects of such action.";

Article 192 to state 13) in the following edition:

"Article 192. Beginning of substantive prosecution

Substantive prosecution begins with clarification by the chairman of questions of whether the claimant supports the requirements, whether the defendant of the requirement of the claimant recognizes, and whether wish the party to end case by the voluntary settlement or to submit case to arbitration or reference tribunal or to resolve dispute according to the procedure of mediation.";

Part one of Article 241-1 to state 14) in the following edition:

"1. If the decision of reference tribunal is not performed voluntarily in the time established in it, the party of arbitration for benefit of which the decision of reference tribunal is passed (claimant) has the right to file petition for forced execution of the decision of reference tribunal in court in the place of consideration of dispute by reference tribunal either at the place of residence of the debtor or in the location of body of the legal entity if the residence or the location is unknown, then in the location of property of the debtor.";

Article 247 to add 15) with subitem 2-1) of the following content:

"2-1) there is accepted on dispute between the same parties, about the same subject and of the same bases award of arbitration or reference tribunal;";

Part third of Article 248 to state 16) in the following edition:

"3. Stopping proceeedings on the bases provided by subitems 1), 2) and 2-1) articles 247 of this Code, the court in determination specifies about return of the state fee and about cancellation of the taken measures for providing the claim.";

Subitems 4) and 5) of Article 249 to state 17) in the following edition:

"4) in production of this or other court or arbitration or reference tribunal there is contentious case initiated earlier between the same parties, about the same subject and of the same bases;

5) between the parties according to the law the devolution agreement of this dispute on permission of arbitration or reference tribunal is signed if other is not provided by legal acts of the Republic of Kazakhstan;";

The subitem 1) to state 18) to part two of Article 312-4 in the following edition:

"1) execution stops:

earlier made decisions of the courts, arbitration and reference tribunals about satisfaction of requirements for obligations which are supposed to be re-structured;

requirements of creditors of the financial organization, obligations to which are supposed to be re-structured, declared before entry into force of the judgment carrying out restructuring and during restructuring of the financial organization;";

The paragraph the ninth to state 19) to part one of Article 312-6 in the following edition:

"Implementation of package of measures, provided by the restructuring plan, attracts discharge on which decisions of the courts, arbitration and reference tribunals were made on satisfaction of requirements for obligations which were re-structured by their execution earlier.";

Article 317-9 to state 20) in the following edition:

"Article 317-9. Filing of application

The statement for recognition of products of foreign mass media distributed to the territories of the Republic of Kazakhstan containing information contradicting legal acts of the Republic of Kazakhstan illegal moves citizens and legal entities whose legitimate interests were infringed in products of foreign mass media, the prosecutor or authorized body in the location of the applicant.";

Articles 331-1 and 331-2 to state 21) in the following edition:

"Article 331-1. Filing of application

1. The application for appeal of the decision of reference tribunal can be submitted by the parties of arbitration, the third parties who are not recruited in case, but concerning the rights and which obligations the reference tribunal made the decision on the bases provided by the law within thirty days from the date of receipt of the copy of the decision of reference tribunal.

2. The statement for appeal of the decision of reference tribunal is filed a lawsuit in the place of consideration of dispute by reference tribunal.

3. The judge returns the application if the term for appeal of the decision established by part one of this Article expired and there are no bases for its recovery according to this Code.

Article 331-2. Consideration of the application

1. The application for appeal of the decision of reference tribunal is considered by court within ten days from the moment of initiation of proceedings by the rules provided by this Code.

The judge in case of submission of the claim by the third party has the right to extend proceeedings in case of need of representation of corroborating evidences for a period of up to thirty days.

2. The parties of arbitration, and also the third parties in case of submission of the claim to the decision of reference tribunal by the third parties are informed by court on time and the place of judicial session. Absence of the specified persons informed properly on time and the place of judicial session is not obstacle to consideration of the case.

3. When considering the case the court establishes availability or lack of the bases for cancellation of the decision of reference tribunal provided by the laws of the Republic of Kazakhstan, way of research of the proofs brought into court in reasons for the declared requirements and objections.

4. The court by results of consideration of the application about appeal can pass decisions of reference tribunal determination about cancellation of the decision of reference tribunal or refusal in allowance of the application. Determination of court can be appealed by interested persons.";

Part one of Article 413 to state 22) in the following edition:

"1. Foreigners and stateless persons, the foreign and international organizations (further - foreign persons) have the right to turn to the courts of the Republic of Kazakhstan for protection of the violated or disputed rights, freedoms and interests protected by the law.";

To replace 23) in heading and part one of Article 414 of the word of "foreign citizens" with the word of "foreigners";

24) in the subitem 3) of part one of Article 417 of the word of "the Kazakhstan citizens with foreign citizens" shall be replaced with words "citizens of the Republic of Kazakhstan with foreigners";

Part one of Article 425-1 to state 25) in the following edition:

"1. If the award of arbitration is not performed voluntarily in the time established in it, the party of arbitration proceeding for benefit of which the award of arbitration (claimant) is passed has the right to file petition for forced execution of the award of arbitration in court in the place of consideration of dispute by arbitration either at the place of residence of the debtor or in the location of body of the legal entity if the residence or the location is unknown, then in the location of property of the debtor.";

26) in Article 426:

in the subitem 2) "the Kazakhstan and foreign citizens" shall be replaced with words words "citizens of the Republic of Kazakhstan and foreigners";

in the subitem 3) "the Kazakhstan citizens" shall be replaced with words words "citizens of the Republic of Kazakhstan";

Articles 426-1 and 426-2 to state 27) in the following edition:

"Article 426-1. Submission of the petition

1. The petition for cancellation of the award of arbitration can be submitted the parties of arbitration proceeding, the third parties who are not recruited in case, but concerning the rights and which obligations the arbitration made the decision, within three months from the date of receipt of the copy of the arbitral decision.

2. The petition for appeal of the award of arbitration is filed a lawsuit in the place of consideration of dispute by arbitration.

3. The judge returns the petition if the term for appeal of the decision established by part one of this Article expired and there are no bases for its recovery according to this Code.

Article 426-2. Consideration of the petition

1. The petition for appeal of the award of arbitration is considered by court within ten days from the moment of initiation of proceedings by the rules provided by this Code.

The judge in case of submission of the claim by the third party has the right to extend proceeedings in case of need of representation of corroborating evidences for a period of up to thirty days.

2. By preparation of case for legal proceedings on the petition of one of the parties of arbitration proceeding the judge can request case papers from arbitration or from the relevant Trial Court by the rules provided by this Code for reclamation of proofs.

3. The parties of arbitration proceeding, and also the third parties in case of submission of the claim to the award of arbitration by the third parties are informed by court on time and the place of judicial session. Absence of the specified persons informed properly on time and the place of judicial session is not obstacle to consideration of the case.

4. When considering the case the court establishes availability or lack of the bases for cancellation of the award of arbitration provided by the laws of the Republic of Kazakhstan.

5. The court by results of consideration of the petition for appeal can pass awards of arbitration determination about cancellation of the award of arbitration or refusal in satisfaction of the petition. Determination of court can be appealed by interested persons.".

4. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21):

The subitem 1) of Item 1 of Article 534 to state 1) in the following edition:

"1) from the filed a lawsuit actions for declaration, statements of special claim proceeding, statements (claims) for special proceeding, statements for pronouncement of the writ, statements for issue of the duplicate of writ of execution, statements for issue of writs of execution to forced execution of awards of arbitration, reference tribunal and foreign vessels, statements for repeated issue of copies of court resolutions, writs of execution and other documents;";

2) in Item 1 of Article 535:

the paragraph one to state in the following edition:

"1. From the filed a lawsuit actions for declaration, statements of special claim proceeding, statements (claims) for special proceeding, statements for pronouncement of the writ, statements for issue of the duplicate of writ of execution, statements for issue of writs of execution to forced execution of awards of arbitration, reference tribunal and foreign vessels, statements for repeated issue of copies of court resolutions, writs of execution and other documents the state fee is collected in the following sizes:";

9) to state the subitem in the following edition:

"9) from statements for appeal of decisions of reference tribunal, petitions for cancellation of arbitral decisions - 50 percent from the amount of the state tax collected in case of submission of the action for declaration of non-property nature in court of the Republic of Kazakhstan, and on disputes of property nature - from the amount of the state tax collected in case of submission of the action for declaration of property nature in court of the Republic of Kazakhstan and estimated proceeding from the amount disputed by the applicant;";

11) to state the subitem in the following edition:

"11) from statements for issue of the duplicate of writ of execution, statements for issue of writs of execution on forced execution of awards of arbitration, reference tribunal and foreign vessels - 500 percent;";

Subitem 1-1) of Item 1 of Article 548 to state 3) in the following edition:

"1-1) case referrals in arbitration or reference tribunal;".

5. In the Law of the Republic of Kazakhstan of April 9, 1993 "About labor unions" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1993, No. 8, Art. 200; 1995, No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 15, Art. 147; 2007, No. 9, Art. 67; 2009, No. 8, Art. 44):

in the paragraph the second shall be replaced with words parts one of Article 10 of the word "in their interests in court, Arbitration Court" "in their interests when carrying out mediation, in court, arbitration or reference tribunal".

6. In the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 15-16, of Art. 106; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 184; No. 15, Art. 281; No. 19, Art. 370; 1997, No. 5, Art. 58; No. 13-14, of Art. 205; No. 22, Art. 333; 1998, No. 11-12, of Art. 176; No. 17-18, of Art. 224; 1999, No. 20, Art. 727; 2000, No. 3-4, of Art. 66; No. 22, Art. 408; 2001, No. 8, Art. 52; No. 9, Art. 86; 2002, No. 17, Art. 155; 2003, No. 5, Art. 31; No. 10, Art. 51; No. 11, Art. 56, 67; No. 15, Art. 138, 139; 2004, No. 11-12, of Art. 66; No. 15, Art. 86; No. 16, Art. 91; No. 23, Art. 140; 2005, No. 7-8, of Art. 24; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 11, Art. 55; No. 16, Art. 99; 2007, No. 2, Art. 18; No. 4, Art. 28, 33; 2008, No. 1718, Art. 72; No. 20, Art. 88; No. 23, Art. 114; 2009, Art. No. 2-3, 16, 18, 21; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 5, Art. 23; No. 7, Art. 28; No. 17-18, of Art. 111; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 8, Art. 64; No. 10, Art. 77; No. 13, Art. 91; No. 20, Art. 121; No. 21-22, of Art. 124; Art. No. 23-24, 125):

to state Item 13 of Article 59-3 in the following edition:

"13. In case of the termination of restructuring of bank in connection with implementation of package of measures, provided by the restructuring plan, the obligations of bank included in the restructuring plan are considered performed, enforcement proceeding on decisions of the courts, arbitration and reference tribunals according to such obligations stops.".

7. In the Law of the Republic of Kazakhstan of December 5, 1997 "About lawyer activities" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 22, Art. 328; 2001, No. 15-16, of Art. 236; 2003, No. 11, Art. 65; 2004, No. 23, Art. 142; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 10, Art. 69; 2009, No. 8, Art. 44; No. 19, Art. 88; No. 24, Art. 130; 2010, No. 5, Art. 23; 2011, No. 23, Art. 179; 2012, No. 4, Art. 32; No. 6, Art. 44; No. 10, Art. 77):

5) of Item 1 of Article 4 to state the subitem in the following edition:

"5) participate in quality of the representative of the principal to carrying out mediation, in trial of cases in arbitration, reference tribunal and other bodies of the dispute resolution;".

8. In the Law of the Republic of Kazakhstan of December 28, 2004 "About reference tribunals" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 24, Art. 151; 2009, No. 9-10, of Art. 47; 2010, No. 3-4, of Art. 12; 2012, No. 6, Art. 43; No. 14, Art. 93):

Article 1 to state 1) in the following edition:

"Article 1. Coverage of this Law

This Law is applied to the disputes between physical and (or) legal entities which arose from the civil relations if other is not established by legal acts of the Republic of Kazakhstan.";

2) in Article 2:

1) to state the subitem in the following edition:

"1) the arbitration agreement - the written agreement of the parties about transfer arisen or able to arise from the civil relations of dispute for consideration in reference tribunal;";

change is made to the text of the subitem 3) in Kazakh, the text in Russian does not change;

add with subitems 3-1) and 5-1) of the following content:

"3-1) parties of arbitration - the claimant and the defendant between whom the arbitration agreement is signed;";

"5-1) public procedure for the Republic of Kazakhstan - the bases of the state and social fabric enshrined in legal acts of the Republic of Kazakhstan;";

6) to state the subitem in the following edition:

"6) competent court - court of judicial system of the Republic of Kazakhstan which according to the civil procedural legislation of the Republic of Kazakhstan is authorized to consider cases on the disputes arising from the civil relations between the parties on the first instance;";

3) in Article 5:

to state part one of Item 3 in the following edition:

"3. The reference tribunal for consideration of specific dispute is created by the parties for the dispute resolution which arose from their civil relations and is effective to permission of this dispute or before adoption by the parties of the decision on transfer of dispute to competent court.";

state item 4 in the following edition:

"4. Reference tribunals in the Republic of Kazakhstan cannot be formed under state bodies, the state companies, and also the subjects of natural monopolies and subjects holding dominant position on commodity market and services.";

4) in Article 7:

exclude Item 3;

in Item 5 "incapacitated" shall be replaced with words the word "incapacitated or it is limited capable";

add with Item 6 of the following content:

"6. The reference tribunal has no right to consider the disputes arising from the personal non-property relations which are not connected with property, connected with life and health, personal privacy, personal and family secret, the right addressed to the person.";

To add 5) with Article 7-1 of the following content:

"Article 7-1. The arbitration agreement and presentation of the claim for being of dispute in competent court

1. The competent court to which claim for arbitration subject is submitted shall if the either party asks about it, no later than submission of the first statement on the substance of dispute to send the parties to reference tribunal if does not find that the arbitration agreement is invalid, voided or cannot be performed.

2. Submission of the claim specified in Item 1 of this Article in competent court does not limit arbitration which can be begun or continued and the arbitration decision is passed while the competent court considers question of cognizance to it arbitration subject.";

Item 1 of Article 11 to state 6) in the following edition:

"1. The arbitration judge it can be elected the independent of the parties and not interested in the outcome of the case physical person having necessary knowledge having the higher education and length of service in at least two years which reached age of twenty five years and agreed to fulfillment of duties of the arbitration judge (is appointed).";

To add 7) with Article 13-1 of the following content:

"Article 13-1. Conditions of activities of permanent reference tribunal

The permanent reference tribunal keeps the register of the arbitration judges. Information on permanent reference tribunal, including its legal address and the regulations, and also the register of arbitration judges take place in mass media including on Internet resources, for free acquaintance of physical persons and legal entities. Information on decisions of reference tribunal is placed in the presence of the consent of the parties of dispute.

The register of arbitration judges shall contain surname, name, middle name (in case of its availability) the arbitration judge, work experience with indication of place of employment, position and the period of work, academic degree and academic status (in the presence), the number of the considered cases.";

8) in Article 44:

state Item 1 in the following edition:

"1. The decision of reference tribunal can be appealed by the parties of arbitration or the third parties whose rights and obligations were mentioned, in competent court according to the procedure, established by the civil procedural legislation of the Republic of Kazakhstan.";

the paragraph one of Item 2 to state in the following edition:

"2. The decision of reference tribunal can be appealed only in cases if the party of arbitration or person which rights and obligations were mentioned the decisions of reference tribunal which submitted the application for cancellation, produce the evidence of that:".

9. In the Law of the Republic of Kazakhstan of December 28, 2004 "About the international commercial arbitration" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 24, Art. 152; 2010, Art. No. 3-4, 12):

Heading to state 1) in the following edition:

"About international arbitration";

Preamble to state 2) in the following edition:

"This Law governs the relations arising in the course of activities of international arbitration in the territory of the Republic of Kazakhstan and also procedure and conditions of recognition and execution in Kazakhstan of solutions of international arbitration.";

Article 1 to state 3) in the following edition:

"Article 1. Scope of application

This Law is applied to the disputes which arose from the civil-law relations with participation of the physical persons and legal entities permitted by the international arbitration if other is not established by legal acts of the Republic of Kazakhstan.";

Article 2 to state 4) in the following edition:

"Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) public procedure for the Republic of Kazakhstan - the bases of the state and social fabric enshrined in legal acts of the Republic of Kazakhstan;

2) competent court - court of judicial system of the Republic of Kazakhstan which according to the civil procedural legislation of the Republic of Kazakhstan is authorized to consider cases on the disputes arising from the civil relations on the first instance;

3) arbitration - the international arbitration formed especially for consideration of specific dispute, either the permanent arbitration or the arbitrator considering dispute solely;

4) the arbitral agreement - the written agreement of the parties about transfer arisen or able to arise from the civil relations of dispute for consideration in arbitration which can be concluded in the form of the arbitration clause in the agreement or by exchange of the letters, telegrams, telephone messages, teletaypogramma, faxes, electronic documents or other documents determining subjects and content of their declaration of will;

5) arbitration proceeding - process of consideration of dispute in arbitration with pronouncement of the arbitral decision;

6) the parties of arbitration proceeding - the claimant and the defendant between whom the arbitral agreement is signed;

7) regulations of arbitration - procedure for the organization of activities of permanent international arbitration;

8) the arbitral decision - the decision passed by arbitration;

9) the arbitrator - the physical person elected by the parties or appointed in the procedure approved by the parties according to this Law for the dispute resolution in arbitration;

10) business customs - the rules of conduct which developed and widely applied in the field of civil agreements not contradicting applicable law irrespective of whether they are fixed in any document.";

Article 3 to state 5) in the following edition:

"Article 3. Legislation of the Republic of Kazakhstan on international arbitration

1. The legislation of the Republic of Kazakhstan on international arbitration is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.";

6) in Article 6:

state Items 2 and 4 in the following edition:

"2. The arbitral agreement can be signed by the parties concerning disputes which arose or can arise between the parties on any specific civil relation.";

"4. To arbitration the disputes following from the civil relations between physical and (or) legal entities by agreement of the parties can be referred if at least one of the parties is nonresident of the Republic of Kazakhstan.";

in Item 7 "incapacitated" shall be replaced with words the word "incapacitated or it is limited capable";

add with Item 8 of the following content:

"8. The arbitration has no right to consider the disputes arising from the personal non-property relations which are not connected with property, connected with life and health, personal privacy, personal and family secret, the right addressed to the person.";

Article 9-1 to state 7) in the following edition:

"Article 9-1. Conditions of activities of permanent arbitration

The permanent arbitration keeps the register of the arbitrators. Information on permanent arbitration, including its legal address and the regulations, and also the register of arbitrators take place in mass media including on Internet resources, for free acquaintance of physical persons and legal entities. Information on awards of arbitration is placed in the presence of the consent of the parties of dispute.

The register of arbitrators shall contain surname, name, middle name (in case of its availability) the arbitrator, work experience with indication of place of employment, position and the period of work, academic degree and academic status (in the presence), the number of the considered cases.";

To state the paragraph of the sixth of Item 2 of Article 29 in the following edition:

"the legal entity, being the party of arbitration proceeding, is liquidated;";

Item 1 of Article 31 to state 9) in the following edition:

"1. The award of arbitration can be appealed by the parties of arbitration proceeding or the third parties whose rights and obligations were mentioned, in competent court according to the procedure, established by the civil procedural legislation of the Republic of Kazakhstan.".

10. In the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions" (Sheets of Parliament of the Republic of Kazakhstan, 2006, No. 14, Art. 88; 2008, No. 15-16, of Art. 64; No. 21, Art. 97; 2009, No. 24, Art. 133; 2010, No. 7, Art. 29; 2011, No. 1, Art. 2; No. 20, Art. 151; 2012, No. 2, Art. 11, 15):

to state Item 2 of Article 27 in the following edition:

"2. If the disputes connected with execution and termination of the contract cannot be resolved according to Item 1 of this Article, then the parties have the right to resolve dispute according to requirements of the legislation of the Republic of Kazakhstan judicially, and also by the address to international arbitration according to the Law of the Republic of Kazakhstan "About international arbitration".".

11. In the Law of the Republic of Kazakhstan of July 21, 2007 "About public procurements" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 17, Art. 135; 2008, No. 13-14, of Art. 58; No. 20, Art. 87; No. 21, Art. 97; No. 24, Art. 128; 2009, No. 2-3, of Art. 21; Art. No. 9-10, 47, 49; No. 15-16, of Art. 74; No. 17, Art. 78, 82; No. 24, Art. 129, 133; 2010, No. 5, Art. 23; No. 7, Art. 28, 29; No. 15, Art. 71; No. 17-18, of Art. 108; No. 24, Art. 146; 2011, No. 2, Art. 26; No. 4, Art. 37; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; No. 20, Art. 151; No. 21, Art. 161, 171; 2012, No. 2, Art. 11; No. 3, Art. 22; No. 6, Art. 43; No. 8, Art. 64; No. 12, Art. 83; No. 13, Art. 91; No. 14, Art. 92, 94; No. 15, Art. 97; No. 23-24, of Art. 125; 2013, No. 1, Art. 2):

34) of Item 1 of Article 4 to state the subitem in the following edition:

"34) acquisitions of consulting and legal services in protection and representation of interests of the state or customers in international arbitration or the international commercial arbitration and foreign judicial authorities;".

12. In the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 7, Art. 27; No. 24, Art. 145; 2011, No. 1, Art. 3; No. 5, Art. 43; No. 24, Art. 196; 2012, No. 6, Art. 43; No. 8, Art. 64; No. 13, Art. 91; No. 21-22, of Art. 124; 2013, No. 2, Art. 10):

in Article 11:

2) of Item 1 to state the subitem in the following edition:

"2) the writs of execution issued based on determination of court about forced execution of awards of arbitration or reference tribunals - within three years;";

2) of Item 2 to state the subitem in the following edition:

"2) in case of execution of the writs of execution issued based on determination of court about forced execution of awards of arbitration or reference tribunals - from the date of, the introduction of the decision following later in force;".

Article 2. This Law becomes effective after ten calendar days after its first official publication.

 

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