Representation in arbitration in Kazakhstan: who runs the case and how

The dispute has gone to arbitration — a tribunal or a permanent arbitration at the chamber of entrepreneurs. From there, everything depends on who holds the materials: the contract with the arbitration clause, the correspondence between the parties, the evidence of performance. That determines both how the case ends and whether you can later enforce the award.

It is easy to get this wrong. Some treat arbitration as something optional and put off responding until the last moment, others sign a power of attorney for an employee without the necessary authority, others never check the clause in the contract itself. Each of these small things can turn the process against you before the first hearing.

Representation in arbitration: who is a representative in arbitration proceedings

In arbitration proceedings in Kazakhstan, a party's interests can be defended not only by an advocate. The law allows advocates, lawyers and other persons with a higher legal education to take part — except in cases expressly established by law. So a representative in an arbitration court is a person who acts on behalf of a party to the dispute under a power of attorney or by operation of law.

The representative's powers in an arbitration process depend on what is written in the power of attorney. Usually this covers preparing and filing documents, attending hearings, making motions, presenting evidence, and receiving judgments and other acts. For certain actions, such as admitting or withdrawing a claim, the right must be specifically stated in the power of attorney.

• Check the diploma and status: an advocate or a lawyer with a higher legal education
• Make sure the power of attorney includes the right to sign procedural documents
• Expressly state dispositive actions: admission of a claim, withdrawal, settlement agreement
• Clarify who will attend the hearings: the representative themselves or an assistant

Representation by an advocate in arbitration: how it differs from the services of a lawyer

Both an advocate and a lawyer can handle a case in an arbitration court under a power of attorney, but their legal status differs. Representation by an advocate is backed by status: they are independent in their position, bound by professional ethics and the law on advocacy, and therefore have the right to request documents, interview persons with their consent, and exercise other powers provided by the law on advocacy. Representation by a lawyer in an arbitration court is based on the same procedural rights of the party, but without this additional status.

In practice this affects how quickly evidence is gathered: an advocate can obtain information themselves without waiting for the court's assistance. A lawyer solves the same tasks through procedural means — via the court and the party's requests. The choice depends on the complexity of the dispute and the volume of collection required, not on who knows the process better.

• Advocate: status, ethical restrictions, right to an advocacy request
• Lawyer: procedural rights under a power of attorney without advocate status
• Gathering evidence: through one's own requests or via the court
• Choice: based on the complexity of the case and the volume of documents

The differences do not make one representative stronger than another in the process — what matters is the preparation of the position.

Arbitration representation: services for representing interests in court

Arbitration representation covers the entire path of the case: analysis of contracts, correspondence, payment orders and other documents, preparation of the claim or response, motions and applications, participation in court hearings, and appeal of judicial acts. The work is built from the legal position: first it is determined what to prove and with what, then the evidence is gathered, and only after that the documents are filed with the court.

The work then proceeds as the process unfolds: motions must be filed on time, claims clarified, and responses given to the arguments and evidence of the other party. If the decision is not in your favour, the appeal is prepared within the same timeframes as the other documents.

In practice, representing interests in an arbitration court means continuously managing the case: the lawyer keeps in touch, monitors hearings and deadlines, and prepares documents for the specific situation. Arbitration representation is convenient because one specialist is responsible for the case as a whole — from the first filing to the enforcement of the decision.

Services for representing interests in court include:

• analysis of documents and development of a position on the dispute;
• preparation of the claim, response, motions and other procedural documents;
• participation in court hearings;
• appeal of judicial acts.

Representation in arbitration when challenging an award: application to set aside

An arbitration (tribunal) award has no appeal: unlike a state court, it is final and binding on the parties from the moment it is rendered, unless otherwise agreed in the arbitration agreement. The award cannot be reviewed on the merits — it can only be challenged on a narrow list of procedural grounds by filing an application to set aside the arbitration award with the competent state court. The deadline for filing such an application is one month from the day the party receives the award.

The court hearing the application to set aside does not check whether the arbitration resolved the dispute correctly on the merits and does not re-examine the evidence. The grounds are limited: the party was not notified of the proceedings or was unable to present its explanations, the award went beyond the scope of the arbitration agreement, the composition of the tribunal or the procedure did not comply with the parties' agreement or the law, the dispute could not be the subject of arbitration, or the award contradicts the public order of the Republic of Kazakhstan.

An application filed out of time or without stating one of these grounds will be dismissed by the court. Hence the typical tasks of the representative at this stage:

• check whether there is a ground for setting aside provided by the law on arbitration, rather than mere disagreement with the award on the merits
• meet the one-month deadline for filing the application to set aside from the day the award is received
• gather evidence of a violation of the arbitration procedure or of the award going beyond the scope of the arbitration agreement
• assess in advance whether the opposing party has filed an application for enforcement of the award

Representation in an arbitration court: documents and power of attorney

When the case reaches the hearing, representation in an arbitration court is impossible without properly executed papers. The law requires the representative to have a power of attorney drawn up in the prescribed form, as well as an identity document. A lawyer must additionally confirm their status.

The power of attorney must contain a clear statement of powers: signing the claim, filing complaints, receiving awarded property. If the scope of powers is not specified, the representative will be able to perform only general actions. Below is a list of documents and requirements for the power of attorney.

• Power of attorney from an organisation — signed by the head with a seal.
• Power of attorney from an individual — notarised or equivalent to notarised.
• Identity document of the representative.
• Document confirming lawyer status (for lawyers).
• Copies of documents for inclusion in the case file.

The power of attorney must be executed before the first hearing, otherwise the representative will not be admitted to participate.

Representation in arbitration: how to avoid typical mistakes

The most common mistake is a power of attorney executed formally. If it does not list specific powers — to sign the claim, file motions, review the case materials — the court may leave the claim without movement or refuse the motion. The powers must be clear and sufficient to conduct the case.

Another mistake is representing interests on the basis of an oral agreement, without recording the scope of work and the strategy. In arbitration it is important to determine in advance who prepares the documents, who attends the hearings and how decisions on the case are taken. Otherwise the representative acts at random, and the party learns about key steps after the fact.

• Check that the power of attorney expressly names all procedural actions.
• Make sure the representative understands your goal in the dispute, rather than simply "handling the case".
• Discuss in advance which documents and explanations the court will need.
• Agree on how you will coordinate motions and objections as the proceedings progress.

Representation in an arbitration court: court costs and their recovery

The costs of representation in an arbitration court consist of several parts. These are the preparation of procedural documents, attendance at hearings, the collection and analysis of evidence, work with expert examinations and motions. If the case is complex and requires repeated hearings, the scope of work grows, and with it the total amount.

These costs can be recovered from the losing party, but only within reasonable limits. The court assesses how the claimed amount relates to the complexity of the case, the time the representative required and the volume of documents prepared. Supporting papers are therefore important: the contract, acts and payment documents. The more carefully they are assembled, the higher the chance that the costs will be recovered.

• Payment for the representative's services in conducting the case
• Preparation of the claim, response, motions and appeals
• Attendance at court hearings
• Collection and analysis of evidence, work with expert examination

In arbitration, cases are lost not so much on the substance of the dispute as on procedure: the wrong representative, the wrong document, an objection raised too late. Here the formalities are checked before the arguments.