ПРИЗНАНИЕ И ПРИВЕДЕНИЕ В ИСПОЛНЕНИЕ ИНОСТРАННЫХ АРБИТРАЖНЫХ РЕШЕНИЙ: ПРАКТИКА ПРИМЕНЕНИЯ НЬЮ- ЙОРКСКОЙ КОНВЕНЦИИ 1958 ГОДА (НА ПРИМЕРЕ СРАВНЕНИЯ ЗАКОНОДАТЕЛЬСТВА И ПРАКТИКИ КИТАЯ И КАЗАХСТАНА)

Abstract

This article is devoted to the issues of recognition and enforcement of foreign arbitral awards. The purpose of the work is to analyze the significance of the conventions governing the procedure for the recognition and enforcement of foreign arbitral awards, as well as to develop recommendations for further improvement of the legislation and practice of the Republic of Kazakhstan in this area. The theoretical basis of this study was the works of domestic and foreign authors. The regulatory framework includes the current legislation of the Republic of Kazakhstan, as well as international conventions. The practical base was made, basically, by materials of foreign practice. When writing this study, the following methods were used: analysis, synthesis, induction, deduction. In addition to these general scientific methods, the authors used special methods for conducting legal research, such as: the method of formal legal analysis, as well as the comparative legal method. The specified theoretical, normative and practical base, as well as the applied research methods, helped the authors to conduct this study, taking into account various aspects of the problematic and make conclusions as a result of the study. As a result of the study, a number of conclusions are formed, including the need to bring the legislation of the Republic of Kazakhstan in line with the provisions of international conventions to which the Republic of Kazakhstan has acceded, in order to improve the mechanism for protecting the rights and freedoms of subjects, in general, as well as to improve the investment climate, in particular.