Judgments

The Claimant brought a claim arising from an investment agreement for a “Club House” project, under which the Second Defendant received funds but failed to repay them or properly account for returns. The Court found a breach of contract, ordered repayment of the principal investment, awarded dividends based on a 30% annual return, and imposed a contractual penalty for late payment due to continued default. The claim for moral damages was rejected, and no order as to costs was made.

The case concerned an employment dispute between Mr Serkbayev and China Construction Bank (Astana Branch) involving allegations of discriminatory salary differences and the non-renewal of a fixed-term employment contract. The Court found that there was no direct discrimination and that any indirect discrimination was justified under the AIFC Employment Regulations due to legitimate business objectives. It further held that the employer was not required to provide reasons for non-renewal of the fixed-term contract and dismissed the claim, making no order as to costs.

The Claimant applied to the Court to recognise and enforce an arbitral award issued by a sole arbitrator under the International Arbitration Centre of Kazakhstan, seeking recovery of a debt under a loan agreement and arbitration fees. The Court found the application justified and ordered payment of the awarded sums, while granting the Defendant the right to apply to set aside the order within 14 days and staying enforcement until that period expires or any such application is resolved.

The appeal concerned whether the Appellant was entitled to 7 days’ or 30 days’ notice upon termination of her employment under the AIFC Employment Regulations. The Court found that the employer had notified the Appellant of her dismissal only after she had completed three months of continuous service and therefore allowed the appeal, holding that she was entitled to remuneration for 30 days’ notice.