The Kazakhstan Arbitral Award Represented by DeHeng Lawyers Was Recognized and Enforced by the Beijing Fourth Intermediate People's Court

2023-06-29

DeHeng lawyers represented an agricultural company in Kazakhstan in applying to the Beijing Fourth Intermediate People's Court for recognition and enforcement of the arbitral award made by the International Commercial Arbitration Court of the Eurasian Mediation Center of Kazakhstan. After half a year, the verdict in favor of the client was finally obtained. 

The focus of the dispute in this case is that the parties agreed in the arbitration agreement signed that “All disputes and differences in this contract shall be heard by the International Commercial Arbitration Court of the Republic of Kazakhstan if they cannot be resolved through negotiation,” while the arbitration institution mentioned in the arbitration award is “International Commercial Arbitration Court of the Eurasian Mediation Center.” The court accepted DeHeng's argument and assigned the respondent the burden of proof to prove the existence of the “International Commercial Arbitration Court of the Republic of Kazakhstan.” Since the respondent failed to provide such evidence, the People's Court ruled to recognize and enforce the arbitral award in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Civil Procedure Law of the People's Republic of China.

As the litigation agent of the agricultural company, the DeHeng team, with primary support from partners Zhang Zhenli and Tian Xianjian of its Beijing Office, provided comprehensive, high-quality and professional legal services for the client.