The Constitutional Court will check the constitutionality of the prohibition on court review of an arbitration award

The Constitutional Court received a citizen's appeal to review the constitutionality of Article 52(3) of the Arbitration Act.

The contested norm establishes that when considering a motion to set aside an arbitral award, the court has no right to review the merits of the arbitral award.

It follows from the appeal that the applicant participated in the arbitration proceedings as a respondent in the real estate agency's claim for recovery of debt for services rendered for the sale of an apartment. On the basis of the exclusive contract concluded between the parties, the permanent Arbitration Court of Astana City ruled in favor of the real estate agency.

The applicant appealed to the judicial board on civil cases of the court of Astana city with a petition to cancel the above decision. However, the court, referring to the contested norm, refused to satisfy his petition.

The author of the appeal believes that the challenged norm of the Law infringes the constitutional right to review the judicial act on the merits.

The citizen's appeal was accepted for constitutional proceedings.