Judgments

The Court considered an application by Enegix LLP for permission to appeal against a judgment confirming the AIFC Court’s jurisdiction over a dispute concerning foreclosure of pledged immovable property. The Court rejected arguments that the submission clause was invalid or limited, holding that it clearly granted exclusive jurisdiction to the AIFC Court and that there was no reason to defer to Kazakh state courts. Permission to appeal was refused because the grounds had no real prospect of success and no other compelling reason was shown for an appeal.

The appeal concerned an employment dispute over the notice period owed to the Claimant following dismissal. The Appeal Court allowed the appeal in part, finding that the Claimant was entitled to 30 days’ notice pay instead of 7 days, and ordered the Respondent to pay the additional amount due. The Court also awarded costs to the Claimant, although it reduced the requested amount on the basis of proportionality under the AIFC Court Rules.

The Claimant applied to the Court for recognition and enforcement of an IAC arbitral award issued by a sole arbitrator in a dispute arising from an interest-free loan agreement. The Court found the application justified and ordered Quantdart Fintech Limited to repay the loan amount and reimburse arbitration costs to the Claimant. The Defendant was granted the right to apply to set aside the order within 7 days, with enforcement stayed until that period expired or any such application was resolved.