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ARTICLE · 16 JULY 2021

Arbitration Clause Between State Bodies And Governmentsponsored Enterprise And Its Features

Unicase Law Firm
Unicase Law Firm
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Unicase Law Firm

Unicase Law Firm

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The question of whether government-sponsored enterprises can enter into arbitration clauses arises frequently.

KazakhstanLitigation, Mediation & Arbitration

The question of whether government-sponsored enterprises can enter into arbitration clauses arises frequently. Despite the fact that this issue is regulated by the legislation, there are some key features which we shall highlight below. In accordance with Article 8 (8) of the Law of the Republic of Kazakhstan "On Arbitration" (hereinafter – the Law), the Arbitration is not subject to disputes that affect the interests of minors, persons recognized in the manner prescribed by law, incapacitated or partially incapacitated, on rehabilitation and bankruptcy, between subjects of natural monopolies and their consumers, between government bodies, subjects of the quasi-public sector. With regard to disputes with State bodies the law stipulates as follows: in accordance with Article 8 (10) of the Law, the Arbitration is not entitled to consider disputes between individuals and (or) legal entities of the Republic of Kazakhstan, and state bodies, state enterprises, as well as

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