The state courts during dispute consideration are bound by both the requirements of the substantive and procedural law. Nor the court, neither the parties may withdraw from the strict procedural requirements. The arbitration proceedings shall be conducted in accordance with the general rules established by the International Commercial Arbitrazh “JUS GENTIUM”. Upon that there are far less formal requirements in the arbitration proceedings. If any procedural issue has not been settled in the Arbitration Rules, it is settled by the arbitrators (arbiter) considering the case, based on the purposes of a fair, quick and final settlement of the dispute.
In consideration of a dispute within the framework of the arbitral court the interim measures may be imposed provided that the failure to take these measures can hinder and prevent execution of the judicial act. The state court also issues an enforcement order for the interim measures imposed by the arbitral tribunal.
The average period of dispute consideration is 20-30 days. If prompt notification of the parties is possible, this period may vary from 3 days.
The time and place for the dispute consideration, as well as an arbitrator are chosen by the parties. If necessary, the dispute can be considered anywhere in the Republic of Kazakhstan or within the territory of a foreign state. The parties may choose arbitrators from among those specified in the list of the International Commercial Arbitrazh "JUS GENTIUM" having necessary qualification as well as to attract their own arbitrators, in consultation with the Arbitrazh.
In the event of the defendant’s failure to implement the arbitral award, the state court shall issue an enforcement order for its enforcement. The state courts issue enforcement orders for the arbitral awards, even if they do not comply with the established judicial practice. For foreign trade relations it is also important that implementation of the arbitral award outside of boundaries of Kazakhstan is much easier than the state court’s decision. Since the enforcement of the awards of arbitral tribunals is regulated by the New York Convention “On the recognition and enforcement of foreign arbitral awards", which has been ratified by more than 150 countries, including countries of the former Soviet Union, and, in the case of a state court it is necessary to have a bilateral treaty on judicial assistance between the countries that Kazakhstan has not concluded with all states.
The amount of the registration (arbitration) fee starts from 1.5%, which is lower than in the state court. The arbitration fee shall be compensated by the unsuccessful party. In addition, the absence of appeal, cassation and supervisory instances minimizes costs of business trips, additional duties, etc.