INTERACTION OF COURTS AND ARBITRATION: PROBLEMS OF THE THEORY AND PRACTICE (continuation)

Authors

  • Maidan Kontuarovich Suleimenov
  • Assel Erikovna Duisenova

Keywords:

arbitration, court, differentiation of competence, arbitration agreement, arbitration award

Abstract

 In the submitted article the main problems of the theory and practice of interaction of courts and arbitration are considered. Authors note existence only of four cases of interaction of arbitration and national court at which the Code of civil procedure of RK is applied: 1) distinction of competence: by the general rule if there is an arbitration clause, the national court has no right to consider a dispute; 2) providing the claim made in arbitration; 3) cancellation of arbitration award; 4) compulsory execution of arbitration award. In article three main cases of interaction of courts and arbitration and also the separate practical problems of application by court of the arbitration legislation, associated with them, are considered.

So, authors take up some most problematic issues arising at distinction of competence between arbitration and court: pathological arbitration clauses; principle (doctrine) of "competence-competence"; problem of application of Paragraph 4 of Article 8 of the Arbitration Law; questions of arbitrability of disputes from the contract of pledge of real estate.

In article also found reflection issues of interaction of courts and arbitration in the sphere of cancellation of arbitration awards: entities of cancellation of arbitration awards; unacceptability of judgment on the arbitration awards basically by consideration of the petition for cancellation; discrepancy of structure of arbitration or arbitration procedure of trial to the agreement of the parties; the bases for cancellation of arbitration award  which are not provided by the international documents; contradiction to a public order of the Republic of Kazakhstan.

Besides, authors consider questions of interaction of courts and arbitration in the sphere of recognition and enforcement of arbitration awards: general questions of recognition and enforcement of arbitration awards; enforcement of internal arbitration awards; recognition and enforcement of foreign arbitration awards  and also the bases for refusal in recognition and (or) enforcement of the arbitration awards.

Published

30.06.2019

How to Cite

Suleimenov . М. К., & Duisenova А. Е. (2019). INTERACTION OF COURTS AND ARBITRATION: PROBLEMS OF THE THEORY AND PRACTICE (continuation) . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/335