MICHAEL WILSON & PARTNERS, LIMITED v (1) CJSC KAZSUBTON (2) KAZPHOSPHATE LLP (3) KAZPHOSPHATE LIMITED

CASE No: AIFC-C/CFI/2025/0021
23.09.2025
Keywords
# Execution order
# Enforcement
# Cooperation agreement
# Judicial review analogy
# Discretion of the court
Judges
Sir Stephen Richards
Summary
The case concerns the procedure for enforcing AIFC Court judgments in Kazakhstan through execution orders and their transmission to private enforcement agents under a Cooperation Agreement. The claimant challenged the court registry’s role, alleging it improperly initiated enforcement proceedings, but the court held that the registry performed only administrative functions and acted lawfully within the legal framework. Although a procedural error was identified, the court exercised its discretion to refuse relief, concluding that setting aside the enforcement process would serve no practical purpose and cause unnecessary delay. Download PDF

Judgment Content