It is necessary to give more freedom to state organizations
"Atameken" will make proposals on the participation of quasi-governmental organizations in arbitration. State organizations are limited in their participation in arbitration disputes. This creates a lot of problems for companies that decide between themselves contractual disputes out of court. This was announced at the XII Kazakhstan forum of corporate lawyers by the Executive Director of the Arbitration Center of NCE RK "Atameken" Askar Kaldybaev. "In accordance with the current legislation, it is necessary to obtain the consent of the branch ministry so that a state or quasi-governmental organization could consider its dispute with a Kazakh company or an individual.
This is a rather complicated process. In this case, in the case of contracts with non-residents, there is no such restriction. Definitely, we see discrimination against local companies. Also, this limits the economic activities of state organizations themselves. We strive to improve this norm in order to make it profitable for both state-owned companies and local commodity producers. We will raise this issue for discussion in the Parliament of the Republic of Kazakhstan", - said Askar Kaldybaev.
Atameken Arbitration Center has been considering disputes since 2015. During this time, 25 disputes were resolved in it, on two of which the parties reached to settlement agreements. In accordance with the "Arbitration Law" in the Arbitration Center, the National Chamber considers civil disputes. These are contractual disputes of commercial organizations on contracts for the supply, purchase and sale, the contract, the provision of services. Arbitration does not consider disputes of an administrative, tax nature. The advantages of alternative refereeing are that the parties can independently choose an arbitrator (judge), with the least loss of funds and time. "We have a strong team of arbitrators, very low arbitration fees, fast deadlines for arbitration and an opportunity for arbitration in all regions of Kazakhstan", - Askar Kaldybaev added.
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