On appeal, the Arbitrazh (Commercial) Court affirmed the first instance decision that an award of the Adilet Permanent Court of Arbitration in Kazakhstan should be denied enforcement because there was no valid agreement for Adilet arbitration between the parties. The parties’ supply contract provided that disputes that could not be resolved by negotiation would be referred to an “Arbitration Court” in the country of the buyer, Kazakhstan, but did not mention Adilet.