The Implementation Of The New York Convention In Kazakhstan

Kazakhstan in 1958 has been a party to the "New York Convention." Kazakhstan Investment Law for the first time clearly defined investment disputes through international arbitration tribunal to resolve. For example, Kazakhstan Investment Law Article 9: investment-related disputes between investors and state organs of the Republic of Kazakhstan generated can not be resolved through negotiations or consultations can be resolved through international arbitration institutions. "On the Recognition and Enforcement of Foreign Arbitral Awards Convention" in 1958 by the United Nations(the "New York Convention") provides a widely accepted and easy for the international community to recognize and enforce foreign arbitral awards system. According to the provisions of the Convention, States parties to the arbitration award in the 145 States parties to the court can apply directly enforceable. States parties to China and Kazakhstan are "New York Convention",the arbitration court ruling in the two countries can apply to get enforcement of arbitral awards and court decisions with respect to itself is also relatively easy to implement it. Therefore,this provision is very conducive to foreign investors.Arbitration is also known as an umpire,is a method of dispute resolution. That the parties to submit their disputes to a matter of dispute when no direct interest in the non-judgment and make the middle third ruling,which is binding on the parties. The resolution of disputes by arbitration in nature can be divided into international arbitration,domestic commercial arbitration,international commercial arbitration and Maritime of four,international arbitration is a method of arbitration to resolve disputes between different countries Pavilion domestic commercial arbitration to resolve domestic economic and trade disputes occur. International commercial arbitration to resolve disputes in international economic and technological cooperation and trade in,it is also known, "Foreign Economic and Trade Arbitration."Maritime mainly to resolve the dispute occurred collision,salvage,maritime transportation. International commercial arbitration and international economic and trade disputes Maritime and maritime disputes currently the most common method to solve. Today, many countries set up a special agency to receive this type of arbitration disputes, such as the London Court of Arbitration, the American Arbitration Association, the Arbitration Institute of the Stockholm Chamber of Commerce,the Japan Commercial Arbitration Association and the Council for the Promotion of International Trade of China’s Foreign Economic and Trade Arbitration Commission.Many countries have also enacted laws on arbitration. Arbitration of international commercial arbitration award made after the entry into force,not only within the country in question made execution, in many cases, there is recognition and enforcement problems outside. This also problems of a country the recognition and enforcement of foreign arbitral awards. In response,many countries make provisions through domestic legislation,at the same time,the international community has established a number of international conventions in this regard. Kazakhstan’s development,whether economic,political or law with the "New York Convention" have a great relationship,especially in today’s economic globalization. Research on the implementation of the "New York Convention" in Kazakhstan,may exceed or make improvements for malpractice has promoted a positive meaning.