CIVIL LAW AND CIVIL PROCEDURE

Harmonization of the arbitration legislation of the Republic of Kazakhstan with the UNCITRAL model law: genesis, evolution and prospects

Abstract

The article is devoted to the analysis of the process of harmonization of the arbitration legislation of the Republic of Kazakhstan with the UNCITRAL Model Law on International Commercial Arbitration. It examines the evolution of legal regulation from the dualistic model of 2004 (separate laws on arbitral tribunals and international commercial arbitration) to the unified Law “On Arbitration” of 2016. The authors analyze the key stages of implementation of the UNCITRAL Model Law provisions, including the amendments of 2010, 2017, 2019, and 2022 aimed at eliminating identified inconsistencies. Particular attention is paid to the problem of excessive borrowing from civil procedural legislation, which has led to the “judicialization” of arbitral proceedings. The article identifies systemic shortcomings of the current Law, including terminological uncertainty, deficiencies in the mechanism of notification of parties, the presence of institutions alien to arbitration (revision based on newly discovered circumstances, mandatory record-keeping of hearings), and an unjustifiably expanded list of grounds for setting aside arbitral awards. Specific proposals for further improvement of the legislation are formulated. Their implementation is expected to enhance Kazakhstan’s investment attractiveness and strengthen its status as an arbitration-friendly jurisdiction for international commercial arbitration.