Information regarding the regulatory resolution of the Constitutional Court
(№ 51 of 13 September 2024)
The Constitutional Court on the appeal of Kiyasheva D.G. on verification of compliance with the Constitution of the Republic of Kazakhstan of paragraph 3 of Article 52 of the Law of the Republic of Kazakhstan dated 8 April 2016 ‘On Arbitration’, according to which, when considering a petition to cancel an arbitration award and refusal to issue a writ of execution, the court is not entitled to reconsider the decision of the arbitration on the merits, found the said norm consistent with the Constitution of the Republic of Kazakhstan.
At the same time, the Constitutional Court found non-compliance with the requirements for legal acts with regard to legal precision and predictability of legal consequences. In its final judgement, the constitutional review body noted that the rules of laws must be formulated with sufficient clarity and based on comprehensible criteria that exclude the possibility of arbitrary interpretation.
With the enactment of the said norm, the issue of its correlation with the norms of Articles 1090 of the Civil Code of the Republic of Kazakhstan (Special Part) dated 1 July 1999 and 255 of the Civil Procedure Code of the Republic of Kazakhstan dated 31 October 2015, paragraph 2 of Article 52 of the Arbitration Law, which allows the court to annul an arbitral award if it contradicts the public policy of the Republic of Kazakhstan, also remained unresolved.
The Constitutional Court recalled that the public policy of the Republic of Kazakhstan, the violation of which entails the cancellation of the arbitral award by the court, is understood to be the basis of the legal order enshrined in the legislative acts of the Republic of Kazakhstan (Article 2(1) of the Arbitration Act).
Based on this legal position, the Constitutional Court recommended the Government to consider further improvement of the legislation of the Republic of Kazakhstan on arbitration in order to ensure legal certainty and clarity of the norms of the reviewed legislative acts.