In accordance with the Rules of Arbitration of Kazakhstani International Arbitrage (hereinafter — KIA) the dispute shall be resolved by one or more arbitrators. If the parties nominate more than three arbitrators, their number shall be odd. If the parties have not agreed that the dispute shall be settled by sole arbitrator, the tribunal of three arbitrators is formed. The parties may nominate arbitrator from the KIA list of arbitrators or propose own candidacy of arbitrator, as long as he is impartial and independent.

The parties may be represented or assisted by any person of any nationality in the proceedings.

The parties are also free to agree on:

1. the place of arbitration
2. the language to be used in the proceedings
3. the law, or rules of law, to be applied to the substance of the case

The award shall be rendered within two months after the panel has been organized.

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1. Plaintiff communicates to KIA the statement of claim, pays registration and arbitration fees, and appoints Arbitrator and Substitute Arbitrator
   
   The statement of claim shall contain date of filing a statement of claim; names of the parties, their places of residence or, if the parties are legal entities — their legal addresses; plaintiff's claim; justification of the KIA competence; statement of actual and legal circumstances on which the plaintiff bases its claims and reference to the evidence that confirms these circumstances; amount in dispute; names of the Arbitrator and Substitute Arbitrator selected by the plaintiff, or request to the KIA Chairman to appoint the Arbitrator and Substitute Arbitrator; and a list of documents to be attached to the claim. The statement of claim shall be communicated to KIA in five copies, if the dispute is considered by three arbitrators or in three copies if the dispute is considered by sole arbitrator.
   
   When filing a statement of claim a plaintiff shall be obligated to pay a registration fee in the amount of 70.000 tenge, which shall be included in the amount of the arbitration fee. Plaintiff shall pay arbitration fee in order provided by the KIA Rules of Arbitration. KIA Chairman shall have the right to allow payment of the arbitration fee by installments. However, in this case the initial installment in any event shall not be less than 50% of the total amount of the arbitration fee.
   

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2. Kazakhstani International Arbitrage
   KIA Chairman checks compliance of the statement of claim to the requirements provided in the Rules of Arbitration. The KIA after having accepted a statement of claim shall decree a ruling to initiate the arbitration proceedings in accordance with its Rules of Arbitration and notify the parties about a place of arbitration proceedings.
   
   The Secretariat shall send or hand over a defendant the copies of a statement of claim and documents attached thereto, which justify a plaintiff claims and offer the defendant to submit a statement of defense and evidences for justification thereof within the specified period of time.
   

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3. Defendant communicates statement of defense and appoints Arbitrator and Substitute Arbitrator
   
   At the same time the KIA Executive Secretary shall propose a defendant within the period of not more than thirty days from the day of receipt of a copy of a statement of claim to submit his defenses and/or written explanations supported by the appropriate evidence. Failure to present a statement of defense may not be considered as recognition of the Plaintiff claims.
   
   Within a period of not more than thirty days from the day of receipt of a copy of a statement of claim a defendant shall advise the names of the Arbitrator and Substitute Arbitrator he has selected or file a request that the Arbitrator and Substitute Arbitrator be appointed by the KIA Chairman.
   

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4. Appointment of Presiding Arbitrator and Substitute Presiding Arbitrator
   The Arbitrators selected by the parties or appointed by the KIA Chairman shall select the Chairman of the Panel of Arbitrators from among the names in the List of Arbitrators. In the same manner they may also select a Substitute Chairman of the Panel of Arbitrators.
   
   If the Arbitrators fail to select the Chairman of the Panel of Arbitrators within ten days from the day of selection or appointment of the second Arbitrator, the Chairman of the Panel of Arbitrators shall be appointed by the KIA Chairman from among the names in the List of Arbitrators. In the same manner the KIA Chairman may appoint a Substitute Chairman of the Panel of Arbitrators.
   

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5. Preparation of case for hearings
   The Panel of Arbitrators shall check the state of the case preparation; in particular, it shall demand from the parties a written explanation, evidence and other additional documents. If additional measures are taken with regard to the case preparation, then the period of time shall be specified during which said additional measures need to be implemented.
   
   Chairman of the Panel of Arbitrators may give the KIA Executive Secretary certain orders related to case preparation and arbitration. The KIA Chairman shall also instruct the Executive Secretary to invite the parties to session.
   
   The parties shall be informed about the time and place of oral hearing by means of the summons that should be sent to them in such a way that each party has a period of not less than thirty days to prepare and arrive to oral hearing. This period may be reduced by agreement of the parties.
   

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6. Hearing of a case
   Oral hearings shall be held to enable the parties to state their positions on the basis of the presented evidence and to hold oral debates. Hearing takes place in private. Persons not involved into the arbitration proceedings may be present at the hearing upon authorization of the Panel of Arbitrators and by approvement of the parties.
   
   The parties may deal with KIA either directly or through the duly authorized representatives appointed by the parties at their own discretion, including those from among the foreign organizations and citizens.
   
   Failure to present the documents and other materials and failure of one of the parties or its representatives duly notified about the time and place of an arbitration session to appear at the KIA session shall not be an obstacle for the arbitration proceedings and making decision by the KIA, if reasons for which it has failed to present the documents and other materials or to appear at the KIA session are recognized unreasonable.
   
   The parties may agree that the dispute will be arbitrated on the basis of the written documents only, without oral hearing. However, the Panel of Arbitrators may appoint an oral hearing if the presented materials are not enough to decide the dispute on the merits.
   

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7. The parties present evidences required for consideration of a case
   The parties shall prove the circumstances to which they refer as the ground of their statements of claim and statements of defense. The Panel of Arbitrators shall have the right to demand additional evidence from the parties if it thinks that the presented evidence is not adequate. It shall also have the authority to appoint at its own discretion the expert examination and demand evidence from the third parties as well as to call the witnesses and hear evidence.
   
   The party may present the written evidence in the original or in the form of a certified copy of the original. The Panel of Arbitrators shall have the right to demand translation of this evidence to another language in cases when it is required in the interests of the arbitration.
   
   Examination of evidence shall be performed by the ways determined by the Panel of Arbitrators. The Panel of Arbitrators may entrust one of the Arbitrators with such examination. The Arbitrators shall evaluate the evidence based on their moral certainty. Failure of the party to present proper evidence shall not prevent the Panel of Arbitrators from continuing examination and making award on the basis of available evidence.
   

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8. Rendering of award
   Arbitration proceedings shall be closed with making a final arbitration award.
   Award shall be made at the close session by the majority of votes of the Panel of Arbitrators. If the award cannot be made by the majority of votes it shall be made by the Chairman of the Panel of Arbitrators.
   
   The award shall be set forth in the written from and signed by the Arbitrators included into the Panel of Arbitrators. An Arbitrator that disagrees with the award made shall state his special opinion in the written form and this opinion shall be subjoined to the award.
   
   The KIA awards shall be executed by the parties on a voluntary basis within the period specified in the award. If no period is indicated then the award shall be subject to immediate execution.
   

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9. Appeal of the Award
   The parties may appeal the KIA award in a court of competent jurisdiction in the manner stipulated by the civil procedural legislation of the Republic of Kazakhstan.
   
   The KIA award may be appealed only in cases when a party or person whose interests have been affected and that has submitted appeal produced the evidence that:
   1. the arbitration agreement is invalid based on the grounds stipulated by the laws of the Republic of Kazakhstan or invalid in accordance with the law to which the parties obeyed the agreement;
   2. the award has been announced with regard to a dispute that is not stipulated by the arbitration agreement or is not subject to its terms and conditions, or contains resolution regarding the issues beyond the limits of the arbitration agreement and due to the fact that the dispute is not subject to the KIA competence.
      
      If resolutions of Panel of Arbitrators with regard to the issues covered by the arbitration agreement may be separated from the resolutions on the issues that are not covered by such agreement then only that part of the KIA award which contains resolutions with regard to the issues covered by the arbitration agreement may be annulled;
   3. the Panel of Arbitrators or arbitration procedure did not meet the agreement of the parties and Rules of the Arbitrage;
   4. a party has not been properly informed about selection (appointment) of the Arbitrators or time and place of the session of the Arbitrage, or could not present its explanations to the Panel of Arbitrators due to some other reasons;
   5. award made by the Panel of Arbitrators contradicts to the principle of legality; award made by the Panel of Arbitrators contradicts public policy of the Republic of Kazakhstan;

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10. Compulsory enforcement of the award
    Awards not executed on the voluntary basis within the specified period shall be enforced in accordance with the current legislation of the Republic of Kazakhstan. The KIA awards shall be enforced according to the rules of court enforcement action valid at the time of the enforcement on the basis of the enforcement order issued by a court of competent jurisdiction.