Disputes and Litigation
The upper level of the judicial system consists of the Supreme Court of the Republic of Kazakhstan and local courts established in accordance with the Constitution of the Republic of Kazakhstan and the Constitutional Law. Local courts include regional and equivalent courts, district and similar courts.
In the Republic of Kazakhstan there are also specialized courts (military, financial, economic, administrative, juvenile and others).With regard to disputes which arise in connection with local business activities, the disputing parties have a choice of the following dispute resolution mechanisms: negotiations, dispute settlement by an economic court, or local tribunal in accordance with the Law of the Republic of Kazakhstan dated December 28, 2004 N 22 “On Arbitration Courts” and the Law of the Republic of Kazakhstan dated December 28, 2004 No. 23-III “On International Arbitration”.
As regard to international disputes, the choice of foreign forum (arbitrage) is recognized by Kazakhstan law unless an issue in dispute is within the exclusive jurisdiction of Kazakhstan domestic courts. Such exclusive domestic court jurisdiction may not be changed by the agreement of the parties. Kazakhstan is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Accordingly, foreign arbitral awards obtained in a state that is a party to the New York Convention should be recognized and enforced by Kazakhstan courts (subject to the qualifications in the Convention and compliance with Kazakhstan procedural law).
Kazakhstan is a party to several investment treaties with foreign countries that contain dispute resolution clauses. Kazakhstan has signed and ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Treaty”) of 1965.
Enforcement of court decisions and decision of other bodies are regulated by the Law of the Republic of Kazakhstan “On enforcement proceedings and the status of enforcement agents”, which provides for a specific procedure for enforcement of such orders.
Our law firm offers the following services in the sphere of Disputes and Litigation:
- litigation in all courts and arbitrations and in mediation, including asset tracking, provisional measures, enforcement of judicial acts, bankruptcy and debt restructuring;
- development of the strategy and management of the judicial process, interaction with internal lawyers for this purpose;
- accompaniment of disputes on rights of intellectual property: works of science, literature and art; computer programs, databases, topologies of integrated circuits; related rights (for example, the rights of performers); phonograms, broadcasts or cable radio or television broadcasts; inventions, utility models and industrial designs; trade secrets (know-how), brand names, trademarks and service marks; appellations of origin and commercial designations.