34. Judgments and Orders

After a proceeding has been heard by one or more Judges, it shall not be necessary for the Judge or Judges to be present in the Court to deliver their judgments; judgments shall be reduced to writing and shall be made public.

35. Decisions of the Court which are not unanimous

Where hearings take place before more than a single Judge, and the Judges differ in their opinions as to what should be the outcome of the hearing, the decision of the majority shall be binding but each Judge shall have the right to express his opinion as to what the outcome of the hearing should be.

36. Limitation on proceedings

Subject to any other AIFC Regulation, a proceeding cannot be commenced more than 6 years after the date of the events that gave rise to the proceedings.

37. Interest on Judgment

(1) Any judgment of the Court for a sum of money may carry interest from the date the judgment is entered, subject to the order of the Court.

(2) Any judgment of the Court in proceedings for the recovery of a debt or for damages may carry interest on any sum of money that forms all or any part of the debt or damages in respect of which judgment is given for all or any part of the period between the date when the cause of action arose and:

(a) in the case of any sum paid before judgment, the date of payment; and

(b) in the case of any sum for which judgment is given, the date of judgment;

subject to the order of the Court.

(3) Any interest payable under subsections (1) and (2) is payable at such rate as is fixed by the AIFC Court Rules or at such lower rate as the Court determines is just in the circumstances.

38. Recovery of monies

Where the Court has ordered the payment of damages, interest, costs, or made any other order involving the payment of financial amounts, the amount may be recovered as a debt due and payable.

39. Issue of Judgments, Orders and Directions

All judgments, orders and directions issued from the Court shall be under seal of the Court and signed by a Judge or the Registrar or an officer acting with the authority of the Registrar.

40. Enforcement

(1) Judgments, orders and directions of the Court, and arbitration awards ratified by the Court, may be enforced within the AIFC in accordance with any execution order issued by the Court.

(2) Judgments, orders and directions of the Court, and awards issued in arbitrations seated in the AIFC which have been ratified by the Court, may be enforced in the AIFC and the Republic of Kazakhstan in accordance with the AIFC Constitutional Statute.

(3) The Court may issue rules or practice directions for the further enforcement of other judgments and arbitration awards.

41. Technical defects

(1) No proceedings in the Court are invalidated by a technical defect or an irregularity, unless the Court orders otherwise.

(2) The Court may, subject to such conditions it considers appropriate, make an order declaring that a proceeding is not invalid by reason of a defect or irregularity.

42. Costs and security of costs

(1) The Court may award costs in any proceedings before it, including proceedings for want of jurisdiction.

(2) Parties to proceedings before the Court are required to pay costs and court fees as set out in the AIFC Court Rules.

(3) Except as provided in any other AIFC Regulation, the award of costs is at the discretion of the Court and may be waived in the interests of justice.

(4) Costs may be awarded as appropriate by a Judge or the Registrar in accordance with the AIFC Court Rules.

(5) The Court may require a party to provide security for costs on terms and conditions it deems appropriate.

43. Affirmations

(1) Affirmations may be required for the purposes of Court proceedings.

(2) The Registrar, or a person authorised by the Registrar, shall administer all affirmations for the purposes of the Court.

44. Affirmed Court documents

Written evidence to be used in a proceeding in the Court may be affirmed before a Judge or the Registrar, a qualified lawyer, any person authorised to administer an affirmation in the Republic of Kazakhstan, or any other person authorised to administer an affirmation in the jurisdiction in which the written evidence is affirmed.

45. Publication of documents

An obligation to publish or cause to be published a particular document shall, unless expressly provided otherwise in the AIFC Law, include publishing or causing to be published in printed or electronic form.

PART 10: EVIDENCE

46. Application of evidence

The rules of evidence to be applied in the Court shall be the rules prescribed in the AIFC Court Rules, or the rules the Court considers appropriate to be applied in the circumstances.

47. Oral, video, telephone, and affidavit evidence

(1) Evidence in any proceeding at the Court may be given orally, by written statement or affidavit, or as otherwise directed or allowed by the Court.

(2) The Court may in any proceeding direct or allow evidence to be given by video link, telephone, electronic device, or other appropriate means.

(3) If evidence is given other than on affirmation, the Court shall give such evidence the weight it deems appropriate in the circumstances.

(4) The Court of Appeal may consider the evidence given in the proceedings which gave rise to the appeal, and draw any inferences from the evidence and receive further evidence in such manner as it considers appropriate in the circumstances.

48. Publication of evidence

The Court may at any time during or after the hearing of a proceeding, make an order forbidding or restricting the publication of evidence if it deems this is necessary in the interests of justice.

PART 11: MISCELLANEOUS

49. Miscellaneous

(1) The Court may, by approval of the Chief Justice of the Court:

(a) establish a Court Users Committee to liaise between the Court and its users or potential users of the Court. For this purpose, the Chief Justice of the Court may establish any additional committees he deems desirable;

(b) establish a lawyer’s registration scheme and code of conduct to facilitate the highest standards of conduct in Court proceedings;

(c) promote the Court as a hub for the settlement of disputes in the AIFC and internationally;

(d) host conferences, seminars, lectures, and other events relating to the Court, litigation, the training of lawyers and judges, and alternative dispute resolution;

(e) publish books, journals, articles, and papers on Courts, litigation, legal issues of interest to the AIFC, the training of lawyers and judges, and alternative dispute resolution;

(f) provide common law courses and accreditation for lawyers and judges; and

(g) enter into cooperation agreements with any other court either in or outside the Republic of Kazakhstan, or other bodies including those involved in enforcement or training.

SCHEDULE INTERPRETATION

1. Defined terms

(1) In these Regulations:

AIFC Constitutional Statute, means the Constitutional Statute on the Astana International Financial Centre 2015.

AIFC Court, means the Court established in Astana and having jurisdiction to adjudicate on certain disputes as indicated in Article 13 of the Constitutional Statute on the Astana International Financial Centre 2015.

AIFC Law, means the AIFC law as defined in Article 4 of the AIFC Constitutional Statute 2015.

AIFC Acts, means an official written document adopted by an AIFC Body relating to the relationships between AIFC Participants, AIFC Bodies, their employees, AIFC Participants and AIFC Bodies, AIFC Participants and their employees or employees of AIFC Bodies, AIFC Bodies and their employees or employees of AIFC Participants, as defined in Article 1 of the AIFC Constitutional Statute 2015.

Calendar year, means a year of the Gregorian calendar.

Chief Justice of the Court, means Chief Justice of the AIFC Court.

Council, means the AIFC Management Council.

Court, means the AIFC Court and the Court includes a reference to every part of that Court to include the Small Claims Court, Court of First Instance, and Court of Appeal.

Day, means a business day, being a normal working day in the AIFC.

Financial year, means 1 January until 31 December of each year.

Governor, means the Governor of the AIFC.

Judge, means a Judge of the Court and includes the Chief Justice of the Court and anyone who is performing judicial functions on behalf of the Court.

Organisation, means an Organisation of the AIFC.

Participant, means a Participant of the AIFC.

Person, means any natural person, body corporate or body incorporate, including a company, partnership, unincorporated association, government or state.

Proceedings, means any pre-action correspondence between a party’s legal or other representatives and another party, or a party’s legal or other representatives and another party’s legal or other representatives; all correspondence between any or all of the parties once a claim form has been issued; all court forms, pleadings, statements, including but not limited to witness statements and disclosure statements, expert reports and requests for further information; all applications to the Court, whether made on paper or orally; all hearings before any Judge or other officer of the Court, including cross-examination of witnesses; all judgments, directions or orders handed down by the Court.

(2) In these Regulations, references to:

(a) the masculine includes the feminine or the neuter;

(b) the singular includes the plural, and vice versa; and

(c) a provision of the AIFC Constitutional Statute, an AIFC Regulation, or AIFC Rules, includes a reference to the provision as amended or re-enacted from time to time.

(3) The headings in these Regulations shall not affect the interpretation of these Regulations.