THE PROBLEM OF CHOOSING APPLICABLE LAW TO ARBITRATION AND THE ARBITRATION AGREEMENT IN THE CONTEXT OF THE KAZAKHSTAN LEGISLATION

Abstract

 In this Article, the authors represent the problem of selecting a law applicable to arbitration proceedings and arbitration agreement from the viewpoint of the Kazakhstan legislation.  The authors believe that one should firstly answer the question of what countries' laws and order must regulate arbitration proceedings and arbitration agreement.  Once this question is given the answer, one may establish the norms of the Kazakhstan legislation, specifically, norms of the 2015 RK Arbitration Law and Civil Procedure Code, applicable to relations in question.  The Article proposes possible solutions of the conflict of laws problems and considers specific examples of situations where solved conflict of laws problems allow establishing the possibility to apply certain norms of the Kazakhstan arbitration legislation to relationships arising out of an arbitration dispute.