OGEL 2 (2010) - Kazakhstan (addendum)
17 May 2010
The following paper has been added to the Kazakhstan special:
- Validity and Effects of
International Arbitration Clauses in Petroleum Contracts in Kazakhstan Pursuant
to International Law
by A.R. Romero-Delmastro
Introduction
This paper discusses the international treaties to which the Republic of Kazakhstan is a party which govern the validity and effects of international arbitration clauses in petroleum contracts. Even though the analysis of the municipal laws of the Republic of Kazakhstan related to international arbitration is out of the scope of this paper, we will consider from an international law perspective some of the issues raised by the amendments recently introduced into the existing legislation through Law No. 249-IV of February 5, 2010, "Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the State’s Immunity and the State’s Property, the Improvement of Activities of Arbitration Tribunals and International Commercial Arbitration."
Additionally, the paper also analyses discusses from an international law perspective the potential impacts of the provisions on dispute resolution in the draft Subsoil and Subsoil Use Law recently approved by the lower house of the Parliament of the Republic of Kazakhstan on February 18, 2010, and currently being considered by the Senate were passed into law.
The issue of the validity and effects of international arbitration clauses and the relationship between local courts and international arbitration is discussed extensively in existing literature, so it is not the main objective of this paper to provide an exhaustive analysis of the matter, but to present a high level overview of the issue at a conceptual level, in light of the goals of the parties through the use of arbitration clauses.
You can find the table of contents of the entire special here www.ogel.org/journal-browse-issues-toc.asp?key=37
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