RESOLUTION OF DISPUTES ARISING FROM CONSTRUCTION CONTRACTS WITH FOREIGN ELEMENTS BY ARBITRATION ACCORDING TO KAZAKHSTAN LAW
KAZAKİSTAN HUKUKUNDA YABANCI UNSURLU İNŞAAT SÖZLEŞMELERİNDEN DOĞAN UYUŞMAZLIKLARIN TAHKİM YOLUYLA ÇÖZÜLMESİ

Author : Aigul NURMUKHAMBET
Number of pages : 503-531

Abstract

The fact that foreign contraction companies perform construction work in Kazakhstan and in disputes arising from contracts concluded with them, in most cases, are apply the norms of Kazakhstan legislation and disputes are resolve by Kazakhstan courts revealed that the norms of Kazakhstan legislation are not sufficient in resolving such disputes and are incompatible with the rules adopted in international private law. This issue led to the necessity of harmonizing the legal rules of Kazakhstan, with the rules of international law. In this context, amendments were made to the Civil Procedure Code of Kazakhstan and the Arbitration Law of Kazakhstan. In our study, the topic of resolution of disputes arising from construction contracts with foreign elements by arbitration will be examined under the new regulation of Kazakhstan. In this context, the issue of the validity of the arbitration agreement/clauses, the procedures of arbitration, the arbitral/arbitral tribunal awards and the elimination of the arbitral award will be covered.

Keywords

Construction contract with foreign elements, court of arbitration, arbitration, arbitral award, tem

Read: 824

Download: 261