In order to assist businesses in resolving commercial disputes, the Atameken Arbitration Center was established by the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken" and the Chamber of Commerce and Industry of the Republic of Kazakhstan. The Center handles disputes arising from commercial contracts. Currently, the sole participant of the Arbitration Center is the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken."

To date, the Arbitration Center has reviewed more than 180 disputes involving Kazakhstani companies, as well as companies from Azerbaijan, Belarus, Spain, China, Kyrgyzstan, Latvia, Moldova, Poland, Russia, Seychelles, the United States, Turkey, Uzbekistan, and South Africa.

A prerequisite for a dispute to be considered by the Arbitration Center is the inclusion of the following arbitration clause in the contract:

"All disputes, disagreements, or claims arising out of or in connection with this contract, including those related to its violation, termination, or invalidity, shall be finally resolved in the Arbitration Center of the National Chamber of Entrepreneurs of the Republic of Kazakhstan 'Atameken' in accordance with its current Rules."
(A more detailed version of the clause is available on the website www.aca.kz).

The main advantages of dispute resolution at the Arbitration Center for companies include:

• Selection of professional and independent arbitrators – parties may choose the best lawyers and other specialists, thereby ensuring that arbitrators deliver well-reasoned and fair decisions. Arbitration decisions carry the same legal force as court judgments.

• Timely resolution – on average, cases are resolved within 3 months from the date of filing. Arbitration proceedings are conducted in a single instance (without appeal or cassation).

• Consideration of parties’ preferences – with a client-oriented approach, arbitration provides flexibility and convenience for participants, as well as continuous organizational support.

• Lower costs – arbitration fees are lower than state court fees (which, regardless of the claim amount, are always 3% of the claim value) and fees in other arbitration institutions.

• Better enforceability abroad – arbitration awards are recognized and enforced under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Kazakhstan’s participation in this convention allows enforcement in 172 countries worldwide.

• Confidentiality – the fact of the proceedings and the final award cannot be disclosed to third parties. This obligation is stipulated in the Law “On Arbitration.”

• Appointment of a specific arbitration body – according to the notification dated September 11, 2014, from Kazakhstan’s Permanent Mission to the UN, the functions set forth in Article 4 of the European Convention on International Commercial Arbitration are carried out by the Arbitration Center. Therefore, if parties have agreed to submit disputes to permanent arbitration but have not specified which arbitration institution and cannot reach an agreement, the head of the Arbitration Center may appoint a specific arbitration body, including the Arbitration Center itself, in accordance with Article 4 of the European Convention (Geneva, April 21, 1961).

For more information about the Arbitration Center, please visit website www.aca.kz or call +7 (747) 232 2005.