Questions and answers

Frequently Asked Questions

From: Aisulu

Hello! I am an employee of the legal department of the company, whose activities are related to the provision of services in the field of high technology and is mainly aimed at working with foreign clients. Our company has a long-standing partners with whom do not want to break off business relations, but unfortunately, they do not fulfill their obligations under the agreement, the negotiations do not produce a positive result in this case, according to the terms of the contract "... dispute shall be settled in court ... ". Began to actively search for ways to resolve the dispute, help to preserve the business relationship, I learned about the existence of your organization and have visited your web-site, in this regard, I have a following question: "Our company is a resident of the Republic of Kazakhstan, there is a possibility to submit the dispute, arising out of the contract with foreign partners, to enable the International Arbitration Court «IAC»?

Answer:

Hello!

In order to submit appeared dispute to the International Arbitration Court “IAC”, there should be an arbitration agreement between the parties of the contract enabling submission of the dispute to the International Arbitration Court “IAC”, which should be concluded in the form of separate agreement, with form of which you can also find on our web-site.

The world practice in the field of arbitration proceedings shows that the most expedient is the inclusion of an arbitration clause into the contract at its conclusion as to persuade parties to sign an arbitration agreement after a dispute is very difficult. Nevertheless, as your business relations should be of continuous nature, the signing of the arbitration agreement should not cause any difficulties. At the conclusion of the arbitration agreement particular attention should be paid to the name of international commercial arbitration, to the language and place of arbitration, as well as to clearly define the number of arbitrators, the range of disputes which can be submitted to the international commercial arbitration, as well as the norms of substantive law applicable at arbitration.

From: Arsen

Hello! We - a legal entity of the Russian Federation, Saratov, and counterparty of the Republic of Kazakhstan - Almaty. Can we appeal to you to resolve the dispute? And tell me how to calculate the state fee for you to be able to examine the case on the suit?

Answer:

Good day, Arsene!

Sure, you can go to international arbitration court "IAC" to resolve a dispute between your organization and your counterparty subject to the availability of a separate arbitration agreement (or an arbitration clause contained in the agreement (contract or other document), concluded between the parties.

During the dispute has not paid the state fee and the arbitration fee, the amount of which depends on the amount of the claim, and you can calculate yourself by downloading MAC Regulation "On Arbitration Fees and Expenses" with the site establishment "IAC", placed at www.arbitration. kz. There you can read the other information on the International Court of Arbitration.

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