SIGNUM litigation lawyers have successfully represented one of the largest global companies specialized in production of electrification, digitalization and power generation
Our recent dispute resolution experience includes representing the interests of a client in the court case on debt and penalty recovery in the amount of KZT 15 mln. under the Supply Agreement in the court of first instance.
During the court proceedings the Client and the Debtor decided to resolve a dispute by concluding the mediation agreement.
It must be pointed out that in a mediation agreement the parties shall be entitled to increase or decrease the amount of claims in accordance with Art. 5 of the Law ‘On Mediation’. Thus, parties in the mediation agreement also included the provisions which did not relate to the initial claims.
It should also be noted that unlike a settlement agreement the proceedings can be suspended by the judge of the first or appellate instance for no more than 10 business days when filing an application on concluding a mediation agreement. When concluding a mediation agreement, the paid state fee is to be returned and other legal expenses are to be allocated in accordance with the conditions of an agreement. In case a mediation agreement is not executed on a voluntary basis, it is executed in accordance with an enforcement list, which is issued by court. When approving a mediation agreement, the court renders a relevant ruling, which enters into force after 10 business days from its final preparation.
In accordance with Art. 179 of CPC of the RK when concluding a mediation agreement, the case is transferred to another judge in the court of first instance. However, upon parties’ request the mediation agreement was held by the same judge that the case was referred to in accordance with Art. 179 of CPC of the RK.
As a result, the court approved the mediation agreement.
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