Enforcement of arbitral awards: writ of execution, time limits and enforcement abroad

When the award must be performed voluntarily

Where necessary, the arbitral award states the time limit and procedure for its performance. If no time limit is stated, the award is subject to immediate performance. This rule is set out both in the Law “On Arbitration” (Article 54) and in Article 55 of the Rules of the Atameken Arbitration Center.

An award on agreed terms, made when the parties settle during the proceedings, including through mediation, is performed in the same way as an ordinary award on the merits of the dispute.

If the time limit has expired and the debtor has not performed the award, it is subject to compulsory enforcement (Article 55 of the Law).

How to obtain a writ of execution for an arbitral award

1. Prepare an application for the issue of a writ of execution. It must meet part of the requirements that Article 148 of the CPC sets for a statement of claim (Part 2 of Article 253 of the CPC).
2. Attach the documents:
   • the original or a copy of the arbitral award. A copy of an award of a permanent arbitral institution is certified by the institution itself (at the Atameken Arbitration Center, the copy is bound and certified with the Center’s seal and the signature of the executive secretary); a copy of an award of arbitration set up for a specific dispute is certified by a notary;
   • the original or a notarized copy of the arbitration agreement (clause).
3. Pay the state duty: 5 MCI (monthly calculation index) (subparagraph 11 of paragraph 1 of Article 665 of the Tax Code of the Republic of Kazakhstan).
4. File the application with a court of your choice among the options provided by law: at the place where the dispute was heard by the arbitral tribunal, at the debtor’s place of residence, or at the location of the legal entity’s governing body. If the debtor’s address is unknown, the application is filed at the location of the debtor’s property.
5. Wait for the hearing. The court notifies both parties. The debtor’s failure to appear does not prevent the court from hearing the application, unless the debtor has asked to postpone the hearing for a valid reason. A single judge hears the application within 15 working days from the date of its receipt.
6. Obtain the ruling and the writ of execution. The ruling on the issue of a writ of execution is subject to immediate enforcement.

If the required documents are not attached to the application, the court returns it without consideration.

Time limits you must not miss

The court may restore a missed time limit for filing the application if it finds the reason valid. A motion for restoration and supporting documents are attached to the application, otherwise the application is returned.

What the court checks and when it may refuse

The court does not review the arbitral award on the merits: it does not reassess the evidence or challenge the arbitrators’ findings. The court may refuse to issue a writ of execution only on the grounds set out in Article 57 of the Law “On Arbitration” and Article 255 of the CPC.

Some of the grounds must be proved by the debtor:

• the arbitration agreement is invalid;
• the award was made on a dispute not covered by the agreement, goes beyond its scope, or the dispute is not within the jurisdiction of arbitration;
• a party to the agreement has been declared by a court to lack legal capacity or to have limited legal capacity;
• the debtor was not duly notified of the appointment of an arbitrator or of the proceedings, or for another valid reason was unable to present its explanations;
• on the same dispute between the same parties there is already a court decision or arbitral award that has entered into force, or a ruling terminating the proceedings because the claimant withdrew the claim;
• the composition of the arbitral tribunal or the procedure did not comply with the agreement of the parties or with the law;
• the award has not yet become binding, has been set aside or has been suspended.

The court checks two grounds on its own initiative: conflict with the public policy of the Republic of Kazakhstan, and a dispute that cannot be referred to arbitration.

If a separable part of the award goes beyond the scope of the agreement, enforcement of the remaining part cannot be refused.

In parallel, the debtor may apply to the court of appeal with an application to set aside the award within one month from the date of receiving it. If the award is set aside, the court also decides whether to cancel the ruling on compulsory enforcement of the award.

What happens after the writ is issued

The law expressly classifies a writ of execution issued for an arbitral award as an enforcement document. Recovery is carried out by a bailiff, state or private. Having received the writ, the bailiff initiates enforcement proceedings no later than three working days and at the same time takes measures to secure enforcement. As a general rule, enforcement must be completed within no more than two months, but in a number of cases, for example when property is valued and sold, the law allows longer periods.

By law, the additional costs of compulsory enforcement are borne by the party that did not perform the award voluntarily (Article 56 of the Law “On Arbitration”).

Recognition of a foreign arbitral award in Kazakhstan

The courts of Kazakhstan recognize and enforce awards of foreign arbitral tribunals if this is provided for by law or by a ratified international treaty, or on the basis of reciprocity (Article 501 of the CPC). The main international instrument in this area is the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.

The procedure is almost the same as for Kazakh awards. The application is filed with the court at the place where the dispute was heard, or at the debtor’s place of residence or location, and if these are unknown, at the location of the debtor’s property. A duly certified award or a copy of it and, if available, the arbitration agreement are attached. Documents in a foreign language are accompanied by a notarized translation into Kazakh or Russian. The filing deadline is no later than three years from the end of the period for voluntary performance. The application is heard within 15 working days, and the grounds for refusal are the same as in Article 57 of the Law: it applies to an award “irrespective of the country in which it was made”.

The New York Convention and Kazakhstan

Kazakhstan acceded to the Convention by Decree of the President No. 2485 of 4 October 1995. According to UNCITRAL, the instrument of accession was deposited on 20 November 1995, and the Convention has been in force for Kazakhstan since 18 February 1996. As of November 2026, the Convention has 172 contracting states.

The Convention obliges each contracting state to recognize arbitral awards as binding and to enforce them in accordance with its own rules of procedure, without imposing substantially more onerous conditions or higher fees on foreign awards than on domestic ones. The list of grounds for refusal in the Convention is closed (Article V). Kazakh law largely follows it, but adds a ground of its own: the existence of a decision that has entered into force on the same dispute between the same parties.

Enforcing an arbitral award abroad

If the debtor’s assets are abroad, the award of a Kazakh arbitral tribunal is enforced in the court of the country where the assets are located. If that country is a party to the New York Convention, under Article IV the creditor submits:

• the duly authenticated original award or a duly certified copy of it;
• the original arbitration agreement or a duly certified copy of it;
• if the award or the agreement is not made in an official language of that country, a translation into that language certified by an official or sworn translator or by a diplomatic or consular agent.

The procedure, the court and the fees are determined by the law of the country of enforcement, so before filing it is worth checking the local requirements, including legalization of documents.

The Rules of the Atameken Arbitration Center expressly give a party the right to apply to the competent court of the country where recognition and enforcement of the award is sought (Articles 44 and 55 of the Rules).

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