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Judges
Thomas Montagu-Smith KC
Summary
The parties reached a settlement agreement that fully resolved both the underlying claim and the pending appeal before the AIFC Court. Upon the parties’ joint request, the Court set aside the previous order, approved the settlement agreement, and directed that all further proceedings be terminated except as necessary to implement the settlement terms. The Court further ordered that no additional order would be made in relation to the appeal.
KAZ MED PROM LLP v BESIR YUSUFOGULLARI – SARE TOPTAN GIDA
CASE No: AIFC-C/CFI/2024/0027
22.08.2024
Judges
The Lord Faulks KC
Summary
The Claimant applied to the AIFC Court for recognition and enforcement of an arbitral award issued by the International Arbitration Centre (IAC) concerning an unpaid commercial debt. The Court found the application justified and ordered the Defendant to pay USD 601,200, comprising the principal debt, contractual penalty, and KZT 2,000,000 in arbitration costs. The Court recognized and enforced the award while granting the Defendant 14 days to apply to set aside the enforcement order, during which enforcement would be stayed.
“BI-ALLIIMRANU” LLP v “ABS-MUNAI” LLP
CASE No: AIFC-C/CFI/2024/0026
21.08.2024
Judges
The Lord Faulks KC
Summary
The Claimant applied to the AIFC Court for recognition and enforcement of an arbitral award issued by the International Arbitration Centre (IAC) concerning a settlement agreement between ABS-Munai LLP and BI-alliimranu LLP. The Court found the application justified, recognized and enforced the award, and approved the parties’ amicable settlement confirming a debt of KZT 2,440,000, including the principal debt and arbitration costs. The Defendant was granted 14 days to apply to set aside the enforcement order, during which enforcement would be stayed.
Judges
Thomas Montagu-Smith KC
Summary
The Claimant submitted a letter requesting termination of the proceedings, and the parties reached agreement on discontinuance. The Court considered the request and the parties’ agreement. Accordingly, the Court ordered that the claim be discontinued without determining the merits of the dispute.
ALAGUZOVA ASSEMGUL AMANGELDIYEVNA v. BAGAZAT AMANTAY
CASE No: AIFC-C/CFI/2024/0013
14.08.2024
Judges
The Lord Faulks KC
Summary
The Claimant sought permission to appeal against an AIFC Court judgment that awarded monetary relief in relation to a vehicle dispute but declined to order the return of the car. The Court granted permission to appeal, finding that the appeal had a real prospect of success because the Defendant had acquired no rights in the vehicle and should return it to the Claimant. The Court directed that a short hearing be held, required the Claimant to submit a draft order for the return of the vehicle and any outstanding sums, and ordered that the Defendant be notified of the hearing.
Judges
Thomas Montagu-Smith KC
Summary
The Court considered an application for clarification of a prior judgment concerning the distribution of debt and costs awarded to 138 bondholder claimants. The Court confirmed that each claimant’s entitlement should be determined according to the schedule submitted by the claimants, directed that payments be made through designated accounts for administrative convenience, and clarified that such payment arrangements did not alter the underlying legal rights of the parties. The Court further held that each claimant was entitled to a proportionate share of the costs award corresponding to their share of the debt recovery.