Nature and subject of the act
Normative Resolution 3 of 2 November 2023 provides general guidance on applying Kazakhstan’s arbitration legislation. Paragraph 49 identifies it as part of the applicable law and generally binding. The selected provisions concern evidence, checking the set-aside deadline and the consequences of enforcement.
Paragraph 24: evidence
A party with tribunal approval applies at the place of arbitration. The application must explain the obstacles to independently obtaining the evidence and identify its location. The court assesses those difficulties and applies the first subparagraph of Code Article 73(4). Tribunal approval does not replace reasons for requesting judicial assistance.
Paragraph 27: records and the period in ad hoc cases
When examining notice or late-receipt arguments, the court may obtain the necessary arbitration records. In ad hoc arbitration, the original claimant bears the burden of establishing that the set-aside filing period was missed. The guidance connects procedural organisation with the ability to establish the date and substance of notifications.
Paragraphs 36–37: after the award
The court does not extend Code Article 246 rules on deferral, instalments or altered execution of court acts to an arbitral award. Annulment of an already performed award engages a different recovery route: absent voluntary repayment, an unjust-enrichment action is available. Reversal-of-execution rules for court judgments do not replace that action.
Legal significance
The resolution establishes general rules rather than awarding money to a particular creditor. Preserve service records and justify the precise judicial action requested. The ECB PDF copy contains paragraphs 1–49 in the 2 November 2023 version; see the Kazakhstan guide for the national procedural route.
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.