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pp. 4760-4767 | Article Number: ijese.2016.351
Published Online: August 08, 2016
Abstract
The article contains a comparative analysis of foreign arbitration courts’ decisions, ensuring the reciprocity and public policy. The aim of the study is to explore such aspects as reciprocity and public policy of arbitration courts. The result is the view of the public policy, despite its apparent irrelevance in today's Kazakhstan, which is of fundamental importance in the examination of cases in Western countries. The article also carries the example of the court's decisions in Kazakhstan and the UK, their reciprocity and public policy. In other words, the execution of Kazakhstan arbitral decisions in another country is a necessary condition and basis for the execution of arbitral decisions of other countries in Kazakhstan. The article also examines the confession and carrying into execution of arbitral courts’ decisions. In addition, it was revealed that the arbitration court is a non-state court. It is elected by the parties of the dispute, or by those, to whom the parties have entrusted this choice. The novelty of the research is the comparative analytical overview based on foreign arbitration courts.
Keywords: Reciprocity, public policy, arbitral decision, confession, execution, arbitration agreement
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