Reservations
The following reservations were made by Kazakhstan upon ratification:
- In accordance with article 8, paragraph 1 (a) of the Convention, the Republic of Kazakhstan does not apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party.
- In accordance with article 8, paragraph 1 (b) of the Convention, the Republic of Kazakhstan shall apply this Convention only to the extent that the parties to the settlement agreement have agreed to the application of the Convention.
Mediation Legislation
Kazakhstan’s mediation law, the statute titled “On Mediation” was enacted in 2011.
The procedure for the execution of agreements resulting from mediation is set out in the mediation law “On Mediation”, as well as the Civil Procedure Code of Kazakhstan. Article 27 of the law “On Mediation” addresses the mediated settlement agreement (or the dispute settlement agreement, which is the term used by the law in question). Additionally, Chapter 17 of the Civil Procedure Code of Kazakhstan covers settlement arrangements, including those reached as a result of mediation.