Regulations

 

 APPROVED

By Order of the Chairman

ICAS Arbitration

dated 14.02.2019

 

R E G U L A T I O N S

ICAS Arbitration

(amendments and additions as of 14.02.2019)

TABLE OF CONTENTS

Key Concepts

I. General Provisions

II. Organization of Arbitration Proceedings

Article 1. Documents submitted by the parties

Article 2. Working language of the arbitration proceedings

Article 3. Duration of arbitration proceedings

Article 4. Arbitration costs and fees

Article 5. Notification of the parties

III. Initiation of Arbitration Proceedings Formation of the Arbitration Panel Article 6. Acceptance of the statement of claim

Article 7. Initiation of arbitration proceedings

Article 8. Return of the statement of claim Article 9. Grounds for leaving the statement of claim without consideration Article 10. Composition of the Arbitration Panel and procedure for its formation Article 11. Terms, procedure for election (appointment), and replacement of arbitrators

Article 12. Election or appointment of a sole arbitrator

Article 13. Impartiality and independence of arbitrators Article 14. Challenge, termination of powers, and replacement of an arbitrator

IV. Procedure for Reviewing Disputes

Article 15. Question of the jurisdiction of the Arbitration Article 16. Timelines for case preparation for arbitration, review, and resolution of disputes

Article 17. Determination of arbitration rules

Article 18. Place and time of arbitration proceedings

Article 19. Objections to the claim. Counterclaim. Set-off of mutual claims

Article 20. Joinder and separation of multiple claims

Article 21. Amendment of claims or objections

Article 22. Procedural rights and obligations of the parties Article 23. Measures to secure a claim

Article 24. Evidence

Article 25. Appointment of an expert examination

Article 26. Review of a case in the absence of a party. Absence of a party and failure to submit documents

Article 27. Completion of hearings on the case

Article 28. Minutes of the hearing on the case

V. Arbitration Decision

Article 29. Adoption of a decision and its form

Article 30. Correction of the decision

Article 31. Additional arbitration decision

Article 32. Termination and suspension of proceedings

Article 33. Resumption of proceedings

Article 34. Grounds for cancellation of an arbitration decision

Article 35. Petition for cancellation of an arbitration decision

VI. Enforcement of Arbitration Decision

Article 36. Enforcement of an arbitration decision

Article 37. Compulsory enforcement of an arbitration decision

Article 38. Storage of cases in the Arbitration

VII. Final Provisions

Basic Concepts

For the purposes of this Regulation, the following terms are used:

«Arbitration» – The Arbitration of Astana, which is a permanent arbitration body.

The terms and phrases arbitration, ICAS Arbitration, International Arbitration, etc., when used in relation to an arbitration agreement or the name of the Arbitration, are synonymous.

«Arbitration Agreement» – An agreement expressed in writing by the parties to submit their dispute to the ICAS Arbitration.

The arbitration agreement may be included in the text of a contract or other document, concluded by signing a separate document, by exchanging letters, or in any other manner permitted by law or this Regulation.

Any arbitration agreements transferring disputes to: Arbitration of Astana, Arbitration of the city of Astana, Arbitration of Astana, International Arbitration, and arbitration agreements using any other phrases establishing the jurisdiction of the Arbitration of Astana, hold equal legal force.

When determining the jurisdiction of the Arbitration, if the contract or an individual arbitration agreement includes an incomplete or incorrect arbitration clause, the Arbitration Panel must consider all circumstances and facts indicating the presence of jurisdiction (e.g., addresses, phone numbers, other contact details of the Arbitration’s offices, etc.).

«Laws» – For the purposes of this Regulation, laws refer to the procedural law applicable to the dispute under consideration by the Arbitration. The applicable procedural law for the dispute is determined by the Arbitration Panel or the Arbitration itself.

«Competent Court» – A state court responsible for enforcing the Arbitration’s decision, assisting in obtaining evidence, and directly taking measures to ensure the future enforceability of the Arbitration’s decision.

«Arbitrator Registry» – A list of arbitrators from whom the parties select (or whom the Arbitration appoints) the Arbitration Panel for the resolution of their dispute. Arbitrators generally should have specialized knowledge and relevant experience.

«Regulation of the Arbitration of Astana» – A document that sets the procedure for dispute resolution.

«Arbitration Panel» – Arbitrators, a sole arbitrator chosen by the parties or appointed by the Arbitration to hear the case and make a decision on behalf of the Arbitration.

Arbitration Clause

Recommended Arbitration Clause:

«All disputes, disagreements, and claims arising in connection with the contract or related to its breach, termination, or invalidity shall be resolved by the ICAS Arbitration, in accordance with its current regulation. The decision of the Arbitration of Astana shall be final».

The arbitration clause, being part of the contract and providing for arbitration proceedings in accordance with this Regulation, is considered an agreement independent of other provisions of the contract. The invalidity of a part of the contract does not automatically affect the validity of the arbitration clause.

If necessary, the parties may add to the arbitration agreement regarding the number and composition of the arbitrators, the place of hearings, and the language of the arbitration proceedings.

All arbitration agreements and arbitration clauses in contracts providing for the transfer of disputes to the Arbitration of Astana remain legally binding without any time limitation and are arbitration agreements that directly establish the jurisdiction of the Arbitration of Astana.

1. General Provisions

1. The Arbitration of Astana was established and is located in the city of Astana (Republic of Kazakhstan). By the Chairman’s decision, branches of the Arbitration may be opened in other cities and outside the Republic of Kazakhstan.

2. The Arbitration of Astana is guided by the Regulation and has leadership – the Chairman, his deputies, and the founders of the Arbitration of Astana.

The Chairman is appointed by the Founder of the ICAS Arbitration, and the deputy chairman is appointed by the chairman.

The ICAS Arbitration, as stated in the Regulation, will hereinafter be referred to as the «Arbitration».

3. The Chairman and the deputy chairman represent the Arbitration of Astana in all state authorities, organize the activities of the Arbitration, and perform other functions provided for by this Regulation.

4. The Arbitration maintains an arbitrator registry. Inclusion in or exclusion from the registry is done by the chairman.

5. The parties have the right to choose an arbitrator (arbitrators) of their choice from the Arbitration’s registry.

6. The Arbitration is created for the purpose of resolving any disputes arising from civil and other legal relationships, regardless of their parties and other factors.

7. The Arbitration operates in accordance with this Regulation.

8. The Arbitration accepts disputes for consideration if there is a written agreement between the parties to submit the dispute to the Arbitration.

The term «written agreement» (hereinafter also referred to as «arbitration agreement», «arbitration clause») means an arbitration clause agreed upon by the parties to the dispute in written form: by including it in the text of a contract, other document, or by exchanging letters, electronic messages, or any other manner permitted by law applicable to the relevant relationships.

9. The Arbitration’s decision is issued and comes into effect in the manner provided for in paragraph 1, Article 29 of this Regulation. The decision must be certified with a seal and include a registration number assigned by the Arbitration’s secretariat.

10. By agreeing to arbitration proceedings, the parties undertake to voluntarily comply with the Arbitration’s decision within the time specified in the decision. If the deadline for execution is not specified, the decision must be executed immediately, with the date of the decision’s entry into force being the date the decision is made in its final form.

11. Arbitration proceedings, or any part of the hearings in the case, may be conducted in online mode, i.e., without the presence of the parties (their representatives) in the main or other office of the Arbitration or another location for the arbitration proceedings. Hearings are conducted using video conferencing, Skype, or other programs and technical means that allow the Arbitration Panel and the parties to hear and/or see each other.

In this case, the location of the hearing(s) and the place where the decision is rendered is the location of the arbitration proceedings indicated in the Arbitration’s decision, regardless of the actual location of the Arbitration and/or the parties.

Hearings conducted in online mode are held at the request of the parties or on the initiative of the Arbitration Panel, which, if necessary, may be reflected in the text of the ruling or the Arbitration’s decision without issuing a separate ruling.

1. II. Organization of Arbitration Proceedings

Article 1. Documents Submitted by the Parties

1. The party wishing to initiate arbitration proceedings (hereinafter referred to as the applicant) submits to the Arbitration a claim statement that:

a) indicates the name of the Arbitration, the parties, and the date of submission of the claim statement;

b) provides information about the actual postal and email addresses, phone numbers, fax numbers, and bank details of the parties, as well as their representatives;

c) outlines the substance of the claims and the reasons for appealing to the Arbitration;

d) specifies the amount of the claims and provides a justified calculation;

e) states the measures to secure the claims, if the party deems them necessary;

f) includes facts and circumstances on which the claims are based, as well as supporting evidence;

g) indicates the value of the claim;

h) outlines the legal norms of legislative and other legal acts on the basis of which the claim is made;

i) provides a list of documents attached to the claim statement.

The claim statement must be signed by the applicant or their representative. If the claim statement is signed by the applicant’s representative, a power of attorney or other document confirming the representative’s authority must be attached to the claim statement.

2. Additionally, the applicant must submit to the Arbitration:

a) original documents or properly certified copies of documents attached to the claim statement;

b) evidence of sending the claim materials to the participants of the arbitration proceedings;

c) evidence of the parties agreement to submit the dispute to arbitration;

d) the names (full names) of the main and alternate arbitrators chosen by the applicant.

3. Any documents related to the case must be submitted by the parties in both written and electronic form.

Written documents must include the details required by law and/or established business practices. The party submitting the documents must send them to the Arbitration, the other party, and any other participants in the process, if applicable.

4. The Arbitration may order that a written (if necessary, duly certified) translation of the arbitration agreement and/or any documents submitted as evidence be attached, translated into the working language of the arbitration proceedings.

5. If necessary, the parties must sign the arbitration agreement concerning the composition of the arbitration panel (sole arbitrator), the place and time of the hearings, and the applicable substantive law before the arbitration proceedings commence.

Article 2. Working Language of the Arbitration Proceedings

In the absence of an agreement between the parties, the Arbitration Panel, after its appointment, may decide on the language or languages to be used in the proceedings.

Unless otherwise agreed, the hearing is conducted in the language in which the documents are presented, with preference given to the language in which the claim was filed.

Article 3. Duration of the Arbitration Proceedings

The Arbitration shall take measures to ensure that the proceedings are completed within 2 months from the date of preparation of the case for arbitration proceedings.

The parties may request that their dispute be resolved in a shorter time frame.

Article 4. Arbitration Costs and Fees

Arbitration costs and fees, their amount, payment procedure, and allocation among the parties are determined by the Regulation on Arbitration Costs and Fees Payable as Compensation. This Regulation is an integral part of these Rules.

Consideration of the claim, counterclaim, set-off claim, or any amendment or addition to already filed claims by the Arbitration is conditional on the additional payment of arbitration costs and fees as stipulated by these Rules.

Article 5. Notification of the Parties

1. The parties and other participants in the arbitration proceedings are required to inform the Arbitration of their legal and actual addresses, mobile phone numbers, email addresses, and to promptly notify the Arbitration of any changes.

2. The decision, ruling, notice, or other document from the Arbitration is delivered to the last known address of the plaintiff, defendant, or other addressee and is considered delivered, even if the addressee is not present or residing at that address.

3. The decision, ruling, notice, or other document is delivered by registered mail, fax, email, or any other means of communication that allows for the registration of the document or message being sent; if necessary, delivery may be made by courier or express mail (e.g., DHL).

The decision, ruling, notice, or other document sent in accordance with this paragraph is considered received by the plaintiff, defendant, or other addressee no later than the date (time) of regular delivery established for the chosen means of communication.

4. If necessary, the Arbitration notifies the participants of the arbitration proceedings via mobile phone (SMS) regarding the location and time of hearings, as well as other matters related to the arbitration. An SMS sent in accordance with this paragraph is considered received by the plaintiff, defendant, or other addressee on the day it was sent, and the parties or other addressee are properly informed of the location and time of hearings, as well as other issues contained in the SMS.

III. Commencement of Arbitration Proceedings

Procedure for Forming the Arbitration Panel

Article 6. Acceptance of the Claim Statement

1. The Chairman of the Arbitration, within five business days from the date of registration of the claim statement, decides on its acceptance for the Arbitration's consideration.

2. Upon accepting the claim statement, the Chairman of the Arbitration issues a ruling to initiate the civil case.

Article 7. Initiation of Arbitration Proceedings

1. The applicant (the party initiating the arbitration proceedings) submits a claim to the Arbitration and provides evidence of the other party’s consent to have the dispute heard in Arbitration (e.g., a separate written agreement or an arbitration clause in a contract, etc.).

2. At the same time as filing the claim, the plaintiff must pay the arbitration fee. If the arbitration fee was not paid when the claim was filed, the Arbitration may set a different deadline for payment, i.e., postpone it, during which the plaintiff must pay the arbitration fee. If the arbitration fee is not paid by the first hearing or by the deadline set by the Arbitration, the Arbitration will leave the claim without consideration.

3. The Arbitration, upon accepting the claim statement, will issue a ruling to initiate arbitration proceedings within 60 business days and notify the parties of the place of the hearing, offering the defendant an opportunity to submit a written response to the claim.

The defendant’s failure to submit objections cannot prevent the consideration of the dispute.

Article 8. Return of the Claim Statement

1. The Arbitration returns the claim statement if:

1) there is no arbitration agreement between the parties;

2) the claim is filed in an arbitration not specified in the arbitration agreement;

3) the subject of the claim goes beyond the scope of the arbitration agreement;

4) the interests of third parties not involved in the arbitration agreement are affected;

5) the claim statement is signed by a person not authorized to sign it;

6) the plaintiff submits a request for the return of the claim statement;

7) there is an ongoing case in the same or another arbitration involving the same parties, the same subject, and the same grounds.

2. Upon returning the claim statement, the arbitration issues a reasoned ruling.

3. The return of the claim statement does not prevent the plaintiff from filing a new claim with the arbitration against the same defendant, on the same subject, and based on the same grounds, provided the requirements set forth by the legislative acts of the Republic of Kazakhstan, the arbitration rules of the city of Astana, or the agreement of the parties are met.

Article 9. Grounds for Dismissing a Claim Without Consideration

The arbitration dismisses a claim without consideration if:

1) the claimant has not complied with the procedure established by the regulations;

2) the claim has been submitted by an incapacitated person;

3) the claim has been signed or submitted by a person who does not have the authority to sign or submit it;

4) another court or arbitration has a previously initiated case on the same dispute between the same parties, regarding the same subject matter and on the same grounds;

5) the person for whose benefit the case was initiated did not support the claim;

6) the claimant, who did not request the consideration of the case in their absence, failed to appear at the arbitration upon secondary summons;

7) the arbitration fee has not been paid.

Article 10. Composition of the Arbitration and the Procedure for its Formation

1. The composition of the arbitration may consist of one or three arbitrators.

2. The quantitative and personal composition of the arbitration and/or the procedure for its formation are determined by the parties in the Arbitration Agreement.

3. If the parties have not specified in the Arbitration Agreement the quantitative and/or personal composition of the arbitration or the procedure for its formation and have not formed the composition within seven days of receiving the notification, the quantitative and personal composition is determined by the Chairman or Deputy Chairman of the Arbitration.

4. If a decision on the case has been completely or partially overturned by a competent court, the quantitative and personal composition of the arbitration for the new consideration of the case is formed by the Chairman or Deputy Chairman of the Arbitration. In the new consideration of the case, the Chairman or Deputy Chairman may take the case into their own jurisdiction and consider the dispute as a sole arbitrator or form a three-member arbitration composed of three arbitrators under their chairmanship.

Article 11. Deadlines, Procedure for the Election (Appointment) and Replacement of Arbitrators

1. The arbitrator or arbitrators considering the case, regardless of their number, are referred to as the composition of the arbitration during the consideration of the case.

2. The formation of the composition of the arbitration is carried out by electing (appointing) arbitrators (or an arbitrator) chosen by the parties, including from the register of arbitrators.

3. If the dispute is considered by three (3) arbitrators, each party elects one arbitrator, and the two elected arbitrators choose the third arbitrator, who will act as the presiding arbitrator of the arbitration proceedings.

4. If one of the parties does not elect an arbitrator within seven days of receiving the notification, or if the two elected arbitrators do not choose the third arbitrator (presiding arbitrator of the arbitration proceedings) within five (5) business days after their election, the arbitrator (or arbitrators, including the presiding arbitrator of the arbitration proceedings) is appointed by the Chairman of the Arbitration from the register of arbitrators within the next two days.

5. The procedure for the election (appointment) of a sole arbitrator is regulated by Article 12 of this Regulation.

6. At the request of the parties, the Chairman of the Arbitration may appoint members of the composition of the arbitration. The Chairman of the Arbitration issues a decision regarding the appointment of a sole arbitrator or the formation of the composition of the arbitration.

7. In the case of multiple claimants or defendants, all co-claimants or co-defendants are considered one party, and each party elects one arbitrator.

8. In the event of the termination of an arbitrator's powers, another arbitrator is elected (appointed) in accordance with the rules that applied to the election (appointment) of the replaced arbitrator. If the presiding arbitrator of the arbitration proceedings, sole arbitrator, or arbitrators were appointed by the Chairman of the Arbitration, the new appointment is also made by the Chairman. The arbitrator elected (appointed) in the replacement procedure has the right to schedule repeated hearings in the case.

9. In the event of a replacement under Article 14 of this Regulation of the presiding arbitrator or sole arbitrator, all hearings held before the replacement must be restarted from the beginning.

When replacing any other arbitrator, the previous hearings may be resumed at the discretion of the composition of the arbitration, taking into account the opinions of the parties.

Article 12. Election or Appointment of a Sole Arbitrator

1. If, by the parties' agreement, the case is to be considered by a sole arbitrator, the parties must agree and elect the sole arbitrator within seven days of receiving the notification of the acceptance of the claim.

2. In cases where the parties do not elect a sole arbitrator within the established period, the sole arbitrator is appointed by the Chairman of the Arbitration from the register of arbitrators.

Article 13. Impartiality and Independence of Arbitrators

1. Each arbitrator must be impartial and independent. An appointed arbitrator submits a signed declaration of impartiality and independence or a declaration of circumstances that may raise reasonable doubts about their impartiality or independence. If necessary, the Arbitration may send a copy of the declaration to the parties and other arbitrators.

2. Before being appointed as an arbitrator, a candidate must inform the parties in writing of any facts and circumstances that could cause doubts about their impartiality and independence.

3. If the facts and circumstances mentioned in paragraph 2 of this article become known to the arbitrator during the arbitration proceedings, the arbitrator must immediately inform the other arbitrators and the parties in writing.

Article 14. Recusal, Termination of Powers, and Replacement of an Arbitrator

1. If there are sufficient grounds, an arbitrator may recuse themselves. A party may request the recusal of an arbitrator if there are circumstances that raise reasonable doubts about their impartiality or independence. A party may only request the recusal of an arbitrator appointed by them or an arbitrator in whose appointment they participated if the circumstances became known after the appointment.

2. A written statement for recusal, detailing the reasons for the recusal, must be submitted to the Arbitration no later than 10 days after the party learned of the circumstances that may be grounds for the recusal. Failure to request the recusal within the prescribed period is considered a waiver of the right to request it.

The Arbitration must notify the parties and the composition of the arbitration of the recusal request and provide the parties and arbitrators with the opportunity to express their positions.

If the other party agrees to the recusal, the arbitrator must step down. In all other cases, the final decision on the recusal is made by the Chairman or Deputy Chairman of the Arbitration.

3. If an arbitrator is unable to perform their duties, fails to perform them properly, or violates the arbitrator's declaration, their powers are terminated. The decision to terminate the arbitrator's powers is made by the Chairman of the Arbitration or their deputy.

4. If an arbitrator has ceased to perform their duties under paragraph 3 of this article, the Arbitration appoints a new arbitrator. If the replaced arbitrator was appointed by a party, that party appoints a new arbitrator unless the Arbitration deems another appointment process more appropriate.

If an arbitrator has been replaced, the new composition of the arbitration must decide to what extent and in which manner the proceedings should be repeated.

1. Procedure for Dispute Resolution

Article 15. Question of the Jurisdiction of the Arbitration

1. The arbitration, represented by the selected (appointed) composition of the arbitration, independently decides on the presence or absence of its jurisdiction to consider the dispute referred to it, including cases where one party objects to the arbitration, regardless of the content and grounds of the objection.

2. A party has the right to submit a motion regarding the lack of jurisdiction of the arbitration to consider the dispute referred to it.

The motion must be filed before the party submits its first statement on the merits of the dispute or – regarding a counterclaim or set-off – before submitting objections to the counterclaim or set-off.

The appointment of an arbitrator by a party or its participation in the appointment of an arbitrator does not deprive the party of the right to make such a statement.

If a party submits the motion together with its first statement on the merits of the dispute or if the statement on the lack of jurisdiction is included in the same document as the response on the merits of the dispute, the arbitration composition may make conclusions it finds appropriate, including the conclusion that the applicant is considered to have waived the right to object to jurisdiction.

3. A party may also assert that the composition of the arbitration has exceeded its jurisdiction if the subject of the arbitration is a question not provided for in the Arbitration Agreement or that cannot be the subject of arbitration under the Laws.

The statement that the composition of the arbitration exceeds its jurisdiction must be made as soon as the issue, which the party believes is outside these limits, is raised during the arbitration proceedings. The arbitration composition may accept a late statement if it deems the delay justified.

4. The composition of the arbitration must consider the statement made under paragraphs 2 and 3 of this article within 10 days. The result of the consideration is reflected in an order or decision by the arbitration composition.

5. If the arbitration, when considering the issue of its jurisdiction, issues an order that it lacks jurisdiction to consider the dispute, the composition of the arbitration shall not proceed to the merits of the dispute.

6. If one of the parties to the arbitration agreement files a claim or request for arbitration in the arbitration, the other party’s appeal to a competent court with a claim on the same subject or on the absence or invalidity of the arbitration agreement does not result in the suspension or termination of the case, nor does it prevent the arbitration composition from issuing a decision on the merits of the dispute.

Article 16. Deadlines for Preparing Cases for Arbitration, Considering, and Resolving Disputes

1. The preparation of cases for arbitration must be completed no later than one month from the date of acceptance of the statement.

In exceptional cases for particularly complex cases, this period may be extended to two months by a reasoned decision of the arbitration.

2. The established deadlines may be extended by the arbitration, depending on the complexity of the dispute being considered.

Article 17. Determination of Arbitration Rules

1. The composition of the arbitration conducts the arbitration in accordance with the Regulations in force at the time of the initiation of the arbitration proceedings.

In the event of changes to the Laws, including changes to mandatory provisions governing the arbitration procedure, changes to the order of execution of arbitration decisions, and other relevant circumstances, the rules for the arbitration proceedings are determined by the Chairman.

2. In matters not covered by these Regulations, the rules for the arbitration proceedings are established by the composition of the arbitration.

Article 18. Place and Time of Arbitration Proceedings

1. If the parties have not agreed on the place and time of hearings and the place of the decision, it is determined by the arbitration composition.

2. The place of the decision may not coincide with the place of hearings. If the place of hearings and the place of the decision do not coincide, the decision of the arbitration is considered to have been made in the place (country, city) determined by the arbitration composition.

The parties must be notified in advance of the place and time of hearings and the place of the decision if it differs from the place of hearings, as well as the time and place of any off-site hearings.

3. The composition of the arbitration may:

а) determine the place of the proceedings within the country or city agreed upon by the parties;

б) conduct off-site hearings, including for familiarization with evidence, hearing witnesses, and resolving the dispute on the merits;

в) decide to hold hearings at one of its permanent offices or another location.

The criteria for choosing the location include the enforceability of the future decision and convenience for the parties.

4. If necessary, at the initiative of the parties (one party) or the arbitration composition, the hearing may be postponed.

The arbitration composition issues an order to postpone the arbitration proceedings. If a protocol of the arbitration session is introduced, it will be drawn up, and the next hearing date will be set by the arbitration composition considering the specific circumstances.

Article 19. Objections to the Claim. Counterclaim. Set-off of Mutual Claims

1. The defendant submits a response to the claim to the claimant and the composition of the arbitration, stating their objections to the claim. The response must be submitted to the claimant and the composition of the arbitration at least 5 days before the first hearing unless another period has been determined by the composition of the arbitration.

2. The defendant’s response must contain document-based answers to each claim or refer to evidence that may be presented during the arbitration proceedings.

3. The defendant has the right to file a counterclaim or assert a claim for set-off in compliance with substantive law as defined by the parties or the composition of the arbitration. In the case of a counterclaim or request for set-off, the arbitration composition has the right to execute the set-off of the parties’ claims.

4. The defendant may submit a counterclaim or assert a claim for set-off at the final stage of the arbitration if the composition of the arbitration finds that the delay in submitting the counterclaim or set-off was justified, provided that the arbitration has jurisdiction to consider them.

5. The filing of a counterclaim, the assertion of a set-off claim, or any other claim, including a claim that modifies or supplements the initial claims, is done according to the rules set out in these Regulations for submitting a claim, with consideration of Article 4 of these Regulations.

Article 20. Joinder and Separation of Multiple Claims

1. The arbitrator may separate one or more claims joined by the claimant into separate proceedings if it deems that separate consideration of the claims is more appropriate.

2. When claims are presented by multiple claimants or against multiple defendants, the arbitrator may separate one or more claims into separate proceedings if it finds separate consideration more appropriate.

3. The arbitrator, upon finding that there are several similar cases under consideration in the arbitration involving the same parties, or several cases involving claims by one plaintiff against different defendants or different plaintiffs against the same defendant, may, at his discretion or upon the request of the parties, consolidate these cases into one proceeding for joint consideration if he deems such consolidation appropriate.

4. The period for consideration of the case after separating one claim from another is calculated from the day the case preparation for arbitration on the separated claim is completed.

The period for consideration of the case after consolidating cases into one proceeding is calculated from the day the case preparation for the trial on the previously filed claim is completed.

Article 21. Modification of Claims or Objections

1. During the arbitration proceedings, a party may modify or supplement its claims or objections, file a counterclaim, or make a claim for set-off.

2. The arbitration panel has the right to refuse to consider the modifications or supplements to a claim, a counterclaim, or a claim for set-off if it takes into account the delay caused by the claimant or any potential harm to the interests of the other parties, as well as any other circumstances.

3. Claims or objections, counterclaims, or claims for set-off may not be modified, supplemented, or formulated in such a way that they go beyond the competence of the Arbitration.

Article 22. Procedural Rights and Obligations of the Parties

1. The parties participating in the arbitration proceedings and/or their authorized representatives have all procedural powers provided by the laws and these rules.

2. Special powers of the representatives of the parties (e.g., referring the case to arbitration, withdrawing a claim, acknowledging a claim, modifying the subject and basis of claims, concluding a settlement, delegation, etc.) must be explicitly specified in a properly executed power of attorney.

3. The parties, their representatives, and other persons involved in the case must adhere to the procedure for arbitration proceedings as established by these rules and the arbitration panel, and must act in good faith, clearly, and promptly execute the determinations and instructions of the arbitration panel issued in the case.

If a party fails to comply with any provision or requirement set by these rules or any procedural decision of the arbitration panel without valid reason, the arbitration panel may draw conclusions it deems appropriate in such a situation.

4. During the presentation by a party, its representative, or other persons involved in the case, the other party (or parties) or its representatives are prohibited from interrupting the presentation with remarks, questions, or other actions without the permission of the arbitration panel. The parties, their representatives, and other persons involved in the case must not obstruct the arbitration proceedings.

5. For violations of the rules, the arbitration panel, the chairman, or the deputy chairman of the Arbitration may caution the party (or its representative), remove them from the hearing room, raise the issue of replacing the representative, consider a claim for compensation of property losses incurred by the party due to violations by another party of the rules, impose a financial penalty depending on the nature of the violation, or apply other measures for pressure, threats, insults directed at the arbitration panel or the Arbitration as a whole, obstruction of arbitration proceedings, and similar actions.

Article 23. Security Measures for Claims

1. If the parties have not agreed otherwise, the arbitration panel may, upon the request of any party, order the adoption of security measures related to the subject (object) of the dispute as it deems necessary.

The arbitration panel may require any party to provide adequate security in connection with such measures.

2. The decision on security measures for the claim is issued by the arbitration panel in the form of an order.

3. An application by a party to a competent court for security measures for a claim and the adoption of such measures by the competent court cannot be considered incompatible with an agreement to submit the dispute to arbitration or as a waiver of such an agreement.

4. An application for security measures for a claim being considered by the arbitration panel must be submitted by the party to a competent court either at the place where the arbitration proceedings are being conducted or at the location of the property to which security measures may be applied.

5. The review by the competent court of the application for security measures and the issuance of an order for security measures or refusal of such measures are carried out in accordance with procedural law.

The decision of the Arbitration to refuse to satisfy the claim is grounds for the competent court to cancel the security measures.

Article 24. Evidence

1. The parties are obliged to prove the circumstances on which they rely to justify their claims or objections to these claims.

2. The arbitration panel may, within the period it establishes before making a decision on the merits of the case, request documents, material, or other evidence from the parties.

3. The arbitration proceedings are conducted based on all submitted documents, evidence, and explanations of the parties, except in cases where the parties, in writing, request the arbitration panel to consider the case without their participation, solely based on the documents submitted.

4. The submission of false documents or materials by the parties or other persons is not allowed. If such documents are submitted, the arbitration panel has the right to consider as proven the facts that contradict the false documents or as refuted the facts that these documents confirm.

All expenses for verifying the authenticity of documents are borne by the party that provided the documents.

5. The admissibility, relevance, significance, and weight of the presented evidence are determined by the arbitration panel.

Article 25. Appointment of Expertise

1. Expertise is appointed in cases where circumstances relevant for making a decision on the case can only be examined based on specialized knowledge.

2. Expertise may be appointed by the arbitration panel at the request of any party or on its own initiative.

3. The arbitration panel appoints as an expert an impartial, competent person not interested in the case.

4. Each party involved in the arbitration proceedings has the right to request that specific questions be put to the expert for a conclusion. The final scope of questions submitted for expertise is determined by the arbitration panel.

5. If a party avoids participating in the expertise or obstructs its process (e.g., does not appear for expertise, does not provide the materials necessary for examination, denies the expert the opportunity to inspect its objects or documents), the arbitration panel may consider the fact for which the expertise was appointed as proven or refuted. The arbitration panel may draw any other conclusions it deems appropriate in such a situation.

Article 26. Consideration of a Case in the Absence of a Party. Non-appearance of a Party and Non-submission of Documents

1. Upon the request of a party or both parties, the arbitration panel may issue a decision in the absence of the requesting party or parties, based on the documents and other evidence in the case.

2. The non-appearance at the arbitration proceedings of a party who has been properly notified of the place and time of the proceedings, as well as the non-submission of documents and other materials, do not prevent the consideration of the case if the reason for the non-appearance or non-submission is unknown or considered by the arbitration panel as disrespectful. If a party has submitted a request for rescheduling the hearing, the arbitration panel must review the request and issue an order or reflect this in its decision.

3. If, within the period established by these rules or by the arbitration panel, and without stating a valid reason, the defendant does not submit a response to the notice of arbitration or objections to the claim, the arbitration panel shall proceed with the proceedings, not considering such non-submission by itself as an admission of the plaintiff's assertions or claims; this provision also applies to the non-submission by the plaintiff of objections to a counterclaim or a set-off claim.

Article 27. Completion of Hearings in the Case

1. If the parties have no additional evidence, statements, or motions in the case, the Arbitration Panel declares the hearings in the case closed.

2. After declaring the hearings closed and before issuing the final arbitration decision, the Arbitration Panel may, upon the request of any party or on its own initiative, continue the arbitration proceedings.

3. The Arbitration Panel may, if deemed necessary, postpone the adoption of the reasoned decision in its final form and summon the parties to an additional hearing.

Article 28. Record of the Hearing

The record of the hearing of the Arbitration Panel (hearing on the case) is not kept unless the parties have expressly provided for its maintenance.

1. V Arbitration Decision

Article 29. Adoption of the Decision and Its Form

1. The decision on the case is made by the Arbitration Panel that reviewed the dispute, provided that the parties have fully paid arbitration costs and fees. The decision is considered final and comes into force from the moment it is signed by the arbitrators.

2. If the case is reviewed by three arbitrators and no unanimous decision is reached, the decision is made by the majority vote.

3. If a decision cannot be made by the majority of the Arbitration Panel, the decision is made by the chairman of the Arbitration Panel (the arbitrator presiding over the case).

4. If, during the arbitration proceedings, the parties settle the dispute by concluding a settlement agreement, the Arbitration Panel, in the absence of objections, adopts the decision based on the conditions agreed by the parties. The Arbitration decision made by the Arbitration Panel on the conditions agreed by the parties is an arbitration decision made in accordance with the provisions of the Regulations. Such a decision has the same effect as any other arbitration decision and must be executed in the same way as any other arbitration decision on the merits of the dispute.

5. The Arbitration Panel makes a decision as a "friendly mediator," or ex aequo et bono, if the Arbitration or the Arbitration Panel is authorized to do so by the parties. In all cases, the Arbitration Panel makes its decision in accordance with the terms of the contract, if any, and considering any trade customs applicable to the transaction.

6. The Arbitration decision is presented in writing.

1. The Arbitration decision must include:
2. a) the date and place of the decision by the Arbitration Panel;
3. b) the names of the arbitrators in the Arbitration Panel;
4. c) the official full names of the parties, and the names, surnames, and positions of their representatives;
5. d) the justification of the Arbitration Panel's jurisdiction;
6. e) the essence of the dispute, statements, and explanations of the persons involved in the case;
7. f) the circumstances of the case as established by the Arbitration Panel;
8. g) the evidence and reasons on which the decision was based;
9. h) the legislation that the Arbitration Panel followed in making the decision;
10. i) the dispositive part, i.e., the conclusion on the acceptance or rejection of the claims, the decision on the merits of the claims;
11. j) the distribution of arbitration and other expenses related to the case among the parties;
12. k) the deadline and procedure for executing the decision.

Article 30. Correction of the Decision

1. The Arbitration Panel may, on its own initiative or at the request of a party, correct any clerical, typographical, or similar error in the text of the decision.

Article 31. Additional Arbitration Decision

1. Any party, within 90 days after receiving the decision or the determination to terminate the proceedings, may request the Arbitration Panel to issue an additional decision on claims presented during the arbitration proceedings but not considered by the Arbitration Panel. The other party must be notified of this request.

2. If the Arbitration Panel finds the request for an additional decision justified and determines that it does not require additional hearings or new evidence, the Arbitration Panel issues the additional decision within 60 days after receiving the request. The Arbitration Panel may, if necessary, extend the deadline for issuing such a decision.

If additional hearings are necessary, the Arbitration Panel schedules the hearings and makes a decision based on the results of these hearings, but no later than 60 days after the completion of the additional hearings in the case.

3. The additional arbitration decision is made in accordance with Article 26 of these Regulations.

Article 32. Termination and Suspension of Proceedings

1. The proceedings in the case are terminated by the Arbitration Panel's determination in cases where:

а) the claimant withdraws their claim or withdraws their statement of claim, unless the respondent objects to the termination of the arbitration proceedings due to having a legitimate interest in resolving the dispute on its merits, and unless the Arbitration Panel deems it necessary to issue a decision;

б) the parties have reached an agreement to terminate the arbitration proceedings;

в) the Arbitration Panel has issued a determination that the Arbitration does not have jurisdiction to consider the dispute referred to it;

г) the organization that is a party to the arbitration proceedings is liquidated; an individual entrepreneur or an individual party to the arbitration proceedings dies, is declared dead, or is recognized as missing;

д) the Arbitration Panel finds that continuing the proceedings has become unnecessary or impossible for any reason;

е) the arbitration fee has not been paid or other case-related expenses have not been covered.

2. If the parties lose contact with the Arbitration or due to other significant circumstances, the Arbitration Panel has the right to suspend or terminate the proceedings.

3. The determination to terminate or suspend the proceedings is made by the Arbitration Panel; if the Arbitration Panel has not been formed, the determination is made by the chairman or deputy chairman of the Arbitration.

Article 33. Resumption of Proceedings

1. After the Arbitration Panel has issued a decision due to the parties concluding a settlement agreement, as well as in other circumstances, the parties have the right to submit a request for the Arbitration Panel to issue a new decision based on the conditions agreed by the parties, with the cancellation of the original decision, or a request for the cancellation of the Arbitration's decision.

After receiving the request and paying the arbitration fee for its consideration, the chairman or deputy chairman of the Arbitration issues a determination to resume the proceedings.

2. During resumed proceedings, the Arbitration Panel reviews the grounds set out in the parties' request, hears the parties, and based on the consideration of the request, has the right to cancel its decision, issue a new decision based on the conditions agreed by the parties, or issue a decision rejecting the parties' request.

3. If it is not possible to convene the original Arbitration Panel, a determination is made, and in this case, the Arbitration Panel is formed according to the rules set out in Articles 8, 9, and 10 of these Regulations within 30 days from the receipt of the relevant request by the Arbitration.

Article 34. Grounds for Cancellation of an Arbitration Decision

1. To cancel an arbitration decision in court, the party filing the motion must provide evidence that:

1) it contains a decision on an issue not covered by the arbitration agreement or not falling within its scope, or contains decisions on issues outside the arbitration agreement, as well as due to the non-jurisdiction of the arbitration over the dispute.

13. If the arbitration decisions on issues covered by the arbitration agreement can be separated from decisions on issues not covered by such an agreement, only the part of the arbitration decision that contains decisions on issues not covered by the arbitration agreement may be canceled;
14. 2) one of the parties to the arbitration agreement was recognized by the court as incapable, or the arbitration agreement is invalid under the law to which the parties have subjected it, or, in the absence of such a reference, under the legislation of the Republic of Kazakhstan;
15. 3) the party was not properly notified of the appointment of the arbitrator or the arbitration proceedings, or for other reasons recognized by the court as valid, was unable to present its explanations;
16. 4) the composition of the Arbitration Panel or the arbitration procedure did not conform to the parties' agreement;
17. 5) there is a legally effective decision, issued on the same subject matter and by the same parties, from a court or arbitration decision, or a court or arbitration determination on the termination of proceedings due to the claimant's withdrawal of the claim;
18. 6) the arbitration decision does not meet the requirements for a written form and signature as provided in Article 47 of the "Arbitration Law".

2. An arbitration decision is canceled by the court if it is determined that:

1) the arbitration decision contradicts the public order of the Republic of Kazakhstan;

19. 2) the dispute for which the arbitration decision was made cannot be subject to arbitration proceedings under the legislation of the Republic of Kazakhstan.

Article 35. Motion to Cancel an Arbitration Decision

1. The motion to cancel an arbitration decision is filed in court in accordance with the civil procedural legislation of the Republic of Kazakhstan.

2. The motion to cancel an arbitration decision cannot be filed after one month from the date the party submitting the motion receives the arbitration decision, and in the case of a request filed under Article 51 of this Law, from the date the arbitration decision is issued on that request.

3. The court may, at the request of one of the parties, suspend the proceedings on the motion to cancel the arbitration decision for a specified period to resume the arbitration proceedings or take other measures to eliminate the grounds for canceling the arbitration decision.

If the arbitrators issue a new decision, the party has the right to request the cancellation of the decision, without filing a claim, for the part related to the resumed arbitration proceedings or changes to the original decision, within the period set by the court.

4. The court issues a determination on the motion to cancel the arbitration decision. This determination may be appealed or contested in accordance with the civil procedural legislation of the Republic of Kazakhstan.

VI. Enforcement of the Arbitration Decision

Article 36. Enforcement of the Arbitration Decision

1. The arbitration decision is voluntarily enforced in the manner and within the period specified in the decision. If the enforcement period is not specified in the decision, it is subject to immediate enforcement.

Article 37. Compulsory Enforcement of the Arbitration Decision

1. If the arbitration decision is not voluntarily enforced within the specified period, it may be enforced compulsorily.

In such a case, the claimant has the right to apply to the competent court with a request for the issuance of an enforcement document for the compulsory execution of the arbitration decision.

2. The compulsory enforcement of the arbitration decision is carried out according to the rules of enforcement proceedings in force at the time of the enforcement of the arbitration decision, based on an enforcement document issued by the competent court.

Article 38. Storage of Cases in the Arbitration

1. The case considered in the Arbitration is stored in the Arbitration archive for at least three years from the date of the decision in the case.

2. Individual documents related to the completion of the case stored in the Arbitration archive can only be provided to a competent court upon written request, with the decision on this issue made by the chairman or deputy chairman of the Arbitration.

3. The provision of documents or the case is at the discretion of the Arbitration, and a determination is issued if access is denied.

VII. Final Provisions

1. Any party that is aware that any provision or requirement of this Regulation has not been complied with and nevertheless continues to participate in the arbitration proceedings without immediately raising objections to such non-compliance is deemed to have waived its right to object. The exception is when that party can prove that, given the circumstances, failing to raise an objection was justified.

2. In exceptional cases, the Chairman of the Arbitration may, on their own initiative, issue an order recognizing the arbitration decision as having no legal force and not subject to enforcement. In such a case, the chairman may, by their determination, terminate the proceedings or appoint a new Arbitration Panel for further consideration of the dispute, or instruct the parties to form a new Arbitration Panel.

3. In its arbitration activities, the Arbitration strictly adheres to the principles and spirit of the law and creates the necessary conditions for the Arbitration Panels to make enforceable and objective decisions.