JSC NATIONAL COMPANY QAZAVTOJOL v. SINOHYDRO CORPORATION LIMITED

CASE No: AIFC-C/CFI/2023/0044
05.12.2024
Keywords
# Construction contract dispute
# Late payment
# Extraction tax
# Burden of proof
# Unforeseeable physical conditions
Judges
Thomas Montagu-Smith KC
Summary
The dispute concerns a FIDIC-based construction contract for road works in Kazakhstan, where the Claimant challenges dispute board and engineer decisions that awarded the Defendant significant sums for multiple delay and cost claims, including COVID-19 impacts and extraction tax increases. The Court focused on evidential deficiencies, particularly the Defendant’s failure to produce supporting appendices, concluding that the Decisions carried limited weight and required full judicial reassessment of liability and quantum. Download PDF

Judgment Content