Statement of claim in arbitration

Arbitration at the Arbitration Center of NCE RK “Atameken” begins with filing a statement of claim. Below are the requirements of the Rules for filing a claim and its content, and sample statements of claim for a sole arbitrator and for a three-member tribunal.

Article 12. Filing a statement of claim

A dispute is referred to the Arbitration Center by filing a written statement of claim (including in electronic form certified by an electronic digital signature) by the party wishing to commence arbitration (hereinafter, the Claimant).

Article 13. Content of the statement of claim

1. The statement of claim shall contain:

1) the date of filing;

2) the name of the Claimant, its postal and e-mail addresses, bank details and telephone numbers;

3) the name of the Respondent, its postal address and bank details, and its telephone numbers and e-mail addresses if known to the Claimant;

4) the grounds for referring the dispute to the Arbitration Center;

5) the Claimant’s claims;

6) a calculation of the amount of each claim;

7) the circumstances on which the Claimant bases its claims;

8) evidence supporting the grounds of the claims;

9) the amount in dispute;

10) a proposal on the number of arbitrators and the name of the arbitrator chosen by the Claimant, or a request that the arbitrator be appointed by the head of the Arbitration Center;

11) proposals on the seat of arbitration, the applicable law and the language of the proceedings;

12) a list of documents and other materials attached to the statement of claim.

2. The following shall be attached to the statement of claim:

1) copies of the statement of claim for each Respondent, each arbitrator and the Arbitration Center;

2) documents confirming payment of the arbitration and registration fees;

3) documents confirming the circumstances on which the Claimant bases its claims, with copies for the Respondents, the arbitrators and the Arbitration Center;

4) the statement of claim in electronic format (Word and PDF) and scanned copies of the attached documents in PDF.

The Claimant may attach other documents it considers relevant to the case or refer to documents or other evidence it will submit later.

3. The statement of claim shall be signed by the Claimant or its representative authorised to sign and file it. If signed by a representative, the original power of attorney (or a notarised copy) or another document confirming the representative’s authority shall be attached.

4. The statement of claim and attached documents shall be submitted in Kazakh or Russian. If submitted in another language, the Claimant shall provide a notarised translation of these documents into Kazakh or Russian.

Articles 12 and 13 are given as in the current edition of the Rules of the Arbitration Center (unofficial translation).

Sample statements of claim

The Center provides two sample statements of claim in DOCX — for a dispute heard by a sole arbitrator and by a tribunal of three arbitrators. You can get a sample on the Documents page: download the file or request it from the Secretariat — the request form opens in one click.

Before filing, we recommend calculating the arbitration and registration fees and checking that your contract contains an arbitration clause referring disputes to the Arbitration Center.