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Kazakhstan Constitutional Court, 13 September 2024, 51-NP

Kazakhstan Constitutional Court: limited review and judicial protection

Normative Decision 51-NP on the prohibition of merits re-examination.

Facts

The challenge concerned Article 52(3) of the Arbitration Law, barring merits review in setting-aside proceedings.

Holding and outcome

The Constitutional Court upheld the provision: voluntary arbitration coexists with court review on prescribed grounds. Coercive enforcement operates within the state legal system.

Limits of the holding

This concerns Kazakhstan law and does not establish Russian deadlines or grounds. Following the 2026 amendment, Article 57(3) expressly also bars merits review at enforcement.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.