(12 February 2026 | Source: Response of the Prime Minister of the Republic of Kazakhstan to a request from deputies of the Senate of the Parliament)
Prime Minister Olzhas Bektenov presented the official government position on reforming the arbitration process in Kazakhstan.
The response to the senators' request regarding the problems of affiliated arbitration and the protection of rights of dispute participants outlines the proposed areas of change: strengthening administrative requirements while maintaining the current judicial mechanism for setting aside awards.
NEW REGULATORY MEASURES
The Ministry of Justice, as part of improving legislation, proposes a number of measures aimed at increasing the responsibility of arbitrators and the transparency of their activities.
Institute of Compulsory Insurance. It is planned to introduce compulsory insurance for arbitrator liability as a mechanism for compensating possible damage to parties to a dispute in the event of professional misconduct. The response materials do not specify how this measure will affect the cost of arbitration services.
Protection of a Party under Contracts of Adhesion. The government proposes simplifying the procedure for invalidating arbitration agreements concluded in the form of contracts of adhesion if they infringe upon the rights of citizens. This measure is aimed at protecting participants in disputes within the mass services segment.
THE QUESTION OF AFFILIATION
A key point of discussion was the issue of recognising an arbitrator's connection to one of the parties to a dispute as an unconditional ground for setting aside the award.
The senators proposed enshrining in law a rule whereby affiliation is automatically equated with a violation of the public policy of the Republic of Kazakhstan.
The government did not support this initiative. The response states that the concept of "public policy" is evaluative in nature, and the decision on its violation must be made by the court on a case-by-case basis.
The Cabinet of Ministers proposes relying on the current provisions of Articles 52 and 57 of the Law "On Arbitration", which provide for the possibility of challenging arbitration awards in court.
LEGAL CONSEQUENCES OF THE PROPOSED CHANGES
The proposed approach involves maintaining the current procedure for judicial review of arbitration awards while simultaneously strengthening administrative requirements for arbitrators.
The Prime Minister's response does not contain provisions introducing an automatic ban on the participation of affiliated persons in arbitration. Thus, the assessment of a possible violation of the principle of independence remains within the competence of the court.
CONCLUSION
The proposed changes are gradual in nature and are aimed at adjusting individual elements of regulation. At the same time, the basic model for considering disputes and the procedure for judicial review of arbitration awards are preserved.