Agreement between the Republic of Kazakhstan and the United Arab Emirates on judicial assistance in civil and commercial matters (Abu Dhabi, 16 March 2009)

Agreement between
the Republic of Kazakhstan and the United Arab Emirates
on judicial assistance in civil and commercial matters
(Abu Dhabi, 16 March 2009)

The Republic of Kazakhstan and the United Arab Emirates, hereinafter referred to as «the Parties»,

Being desirous of strengthening the bonds of friendship between the two countries on the basis of mutual respect for sovereignty and mutual interest and promoting fruitful assistance in the judicial and legal spheres,

Recognizing the need to facilitate the widest measure of judicial assistance in civil and commercial matters.

Have agreed as follows:

Article 1

1. Nationals of one Party shall, in the territory of the other Party, enjoy the same judicial protection as nationals of the other Party and shall have the right to access to courts and judicial authorities of the other Party under the same conditions as those for the nationals of the other Party.

2. Provisions of previous paragraph of this Article shall also apply to legal persons located and incorporated in the territory of either Party in accordance with its national law.

Article 2

Nationals of one Party shall, in the territory of the other Party, be entitled in accordance with the national law and procedures of the latter to reduction or exemption from payment of costs of proceedings under the same conditions and to the same extent provided for its nationals.

Article 3

The Parties shall exchange information concerning the laws in force and the judicial practice in their respective countries related to the implementation of this Agreement.

Article 4

1. The Parties shall grant each other under this Agreement the widest measure of mutual judicial assistance in civil and commercial matters in accordance with their national laws.

2. Assistance under this Agreement shall apply to:

a) Service of summons and other judicial documents;

b) The taking of evidence by means of a request or commission;

c) Recognition and execution of decrees and settlements.

Article 5

1. The Central Authority of each Party shall make and receive requests pursuant to this Agreement:

For the Republic of Kazakhstan the Central Authority shall be the Ministry of Justice.

For the United Arab Emirates the Central Authority shall be the Ministry of Justice.

2. The Central Authorities shall communicate with one another through diplomatic channels for the purposes of this Agreement.

3. The Parties shall notify each other of any modification or amendment in connection with the Central Authority, and that is through diplomatic channels.

Article 6

1. Unless otherwise stated, all official documents in connection with the judicial assistance shall be sealed by the court or the other competent authorities which issued that documents, unless otherwise agreed.