Alternative ways of resolving corporate disputes in the Republicof Kazakhstan and in the USA. Comparative analysis

The article provides a comparative analysis of the tools of alternative ways of resolving corporate disputes (ADR) in the Republic of Kazakhstan and the USA. The purpose of this study is to identify key differences and similarities in the approaches of the two countries to the use of mediation, arbitration and other ADR mechanisms in the corporate sphere. In this regard, legislative sources, mechanisms and practices of ADR application in both jurisdictions were studied. The main methods considered in the study include an empirical comparison of mediation and arbitration, with an emphasis on the specifics of their regulation and implemen-tation in each country. The results of the study allow us to conclude that the ADR system in the United States is deeply integrated into corporate processes and is widely used to resolve corporate disputes. In Kazakhstan, on the contrary, ADR in the corporate segment is not developing as dynamically as in the States. However, it is successfully advancing through government initiatives and the introduction of international standards. The main conclusions of the study can emphasize the importance of government support and increasing confi-dence in ADR in Kazakhstan, as well as the success of long-term application of these methods in the United States. A comparative analysis in the study showed that Kazakhstan can extract positive aspects from the American experience to further improve its system of alternative corporate dispute resolution.

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Publication Details

Journal
Bulletin of the Karaganda University “Law Series”
Published
2024-12-24
DOI
https://doi.org/10.31489/2024l4/113-122
Primary Topic
International Arbitration and Investment Law
Type
article
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article

Alternative ways of resolving corporate disputes in the Republicof Kazakhstan and in the USA. Comparative analysis

E. Juchnevicius, Sh.T. Baikenzhina
Bulletin of the Karaganda University “Law Series”
International Arbitration and Investment Law
article

Alternative ways of resolving corporate disputes in the Republicof Kazakhstan and in the USA. Comparative analysis

E. Juchnevicius, Sh.T. Baikenzhina
article en

Abstract

The article provides a comparative analysis of the tools of alternative ways of resolving corporate disputes (ADR) in the Republic of Kazakhstan and the USA. The purpose of this study is to identify key differences and similarities in the approaches of the two countries to the use of mediation, arbitration and other ADR mechanisms in the corporate sphere. In this regard, legislative sources, mechanisms and practices of ADR application in both jurisdictions were studied. The main methods considered in the study include an empirical comparison of mediation and arbitration, with an emphasis on the specifics of their regulation and implemen-tation in each country. The results of the study allow us to conclude that the ADR system in the United States is deeply integrated into corporate processes and is widely used to resolve corporate disputes. In Kazakhstan, on the contrary, ADR in the corporate segment is not developing as dynamically as in the States. However, it is successfully advancing through government initiatives and the introduction of international standards. The main conclusions of the study can emphasize the importance of government support and increasing confi-dence in ADR in Kazakhstan, as well as the success of long-term application of these methods in the United States. A comparative analysis in the study showed that Kazakhstan can extract positive aspects from the American experience to further improve its system of alternative corporate dispute resolution.

Bulletin of the Karaganda University “Law Series”Vol. 29(4 (116))
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International Arbitration and Investment Law
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Alternative ways of resolving corporate disputes in the Republicof Kazakhstan and in the USA. Comparative analysis — E. Juchnevicius, Sh.T. Baikenzhina · Bulletin of the Karaganda University “Law Series” (2024) | TGRS Research Map | TGRS