COMPARATIVE RESEARCH ON THE ARBITRATION MECHANISMS BETWEEN CHINA AND KAZAKHSTAN

Authors

DOI:

https://doi.org/10.52026/2788-5291_2023_72_1_177

Keywords:

international arbitration, Kazakhstan, China, dispute resolution, “Belt and Road”

Abstract

As an alternative dispute resolution, arbitration is an important form of solving civil and commercial economic disputes, and has been adopted by most countries and regions in the world. Relying on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), arbitration has become the main means of dispute resolution in international commercial activities. With the implementation and development of the Belt and Road Initiative, the economic and trade exchanges between Kazakhstan and China are increasingly close, and the emergence of disputes is inevitable. The existing research on arbitration mainly focuses on multilateral international arbitration mechanism and domestic arbitration mechanism. By comparing and analyzing the arbitration mechanism between China and Kazakhstan, this research is to seek the possibility of bilateral cooperation on arbitration of the two countries. Through research, it is found that the arbitration mechanism between the two countries is insufficient, and arbitration has not yet become the main dispute resolution method. Combined with the comparative research on the arbitration mechanism in the current economic and trade cooperation between the two countries, this research attempts to explore the development direction of the international arbitration mechanism between China and Kazakhstan in the future. The practical significance of the research is to improve the utilization and acceptance of arbitration in disputes between the two countries.

Author Biographies

Riza Marhaba, Al-Farbi Kazakh National University

PhD student of Chair of International Law of Al-Farabi Kazakh National University, Master

Zhuldyz Talgatovna Sairambaeva, Al-Farabi Kazakh National University

PhD in Law, Associate Professor of the Department of  International Law of Al-Farabi Kazakh National University

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Published

24.03.2023

How to Cite

Marhaba, R., & Sairambaeva, Z. T. (2023). COMPARATIVE RESEARCH ON THE ARBITRATION MECHANISMS BETWEEN CHINA AND KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(72). https://doi.org/10.52026/2788-5291_2023_72_1_177