The use of arbitration for the resolution of disputes in Kazakhstan commenced in 1991, immediately after the former Soviet Central Asian republic gained independence. The Republic Kazakhstan is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In Kazakhstan, the benefits of arbitration in resolving commercial disputes (particularly, those involving large businesses) are widely recognized in the business community.

In contrast to the almost immediate use of arbitration, and despite some similar cultural traditions that date from the medieval period, statewide promotion and recognition of mediation began in Kazakhstan, only with adoption of the Law on Mediation in 2011. The government and Supreme Court of Kazakhstan are currently promoting the use of mediation, and efforts exist at the state level to utilize mediation techniques in the sphere of inter-ethnic relations.