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AIFC Court Rules
Part 1 The Overriding Objective Part 2 Interpretation, Court Documents and Forms Part 3 Case Management Powers of the Court Part 11 Statements of Case and Further Information Part 13 Counterclaims and other Related Claims Part 17 Production of Documents Part 20 Offers to Settle and Payments into Court Part 23 Abridged Procedure for Claims Part 25 Change of Legal Representative Part 28 The Small Claims Court
Part 1 The Overriding Objective Citation and Commencement 1.1 These Rules may be cited as the AIFC Court Rules and may be abbreviated to «ACR». 1.2 These Rules are made by the Chief Justice of the Court and shall come into force on 1 January 2018. Application1.3 These Rules apply to all proceedings in—
which are collectively referred to in these Rules as «the Court.» 1.4 The Court is established by Article 13 of the Constitutional Statute of the Republic of Kazakhstan «On the Astana International Financial Centre» no. 438-V ЗРК dated 7 December 2015 (as amended) («the Constitutional Statute») and Regulation 9 of the AIFC Court Regulations 2017. 1.5 Practice Directions may modify or disapply any provision of these Rules. The Overriding Objective1.6 These Rules have the overriding objective of enabling the Court to deal with cases justly. Dealing with a case justly includes, so far as is practicable:
(a) to the amount of money involved; (b) to the importance of the case; (c) to the complexity of the issues; and (d) to the financial position of each party; and Application by the Courts of the Overriding Objective1.7 The Court shall seek to give effect to the overriding objective when it—
1.8 The Court may waive any procedural requirement if it is satisfied that it is in accordance with the overriding objective to do so. Duty of the parties1.9 The parties shall help the Court to further the overriding objective.
Part 2 Interpretation, Court Documents and Forms Authentic text and language of proceedings 2.1 The English text is the authoritative text of these Rules. 2.2 All proceedings before the Court shall be conducted in the English language. 2.3 All documents for use in the Court shall be in the English language or be provided with translations into the English language. 2.4 When a document to be used in the Court is a translation into the English language of a document, the original of which is in another language, and a dispute arises as to the meaning of the language in the original document, the Court may determine its true meaning having taken such expert advice as it deems fit. The Court’s interpretation shall be determinative of the meaning. Rules of interpretation2.5 In these Rules, a reference to:
2.6 The headings in these Rules shall not affect their interpretation. Time2.7 All dates shall be ascertained in accordance with the Gregorian calendar. 2.8 Where a period specified by a Rule, Practice Direction, Judgment or Order —
2.9 Where the specified period is 6 days or more, both business days in the AIFC and days that are not business days in the AIFC shall be counted. 2.10 When the period specified—
for doing any act at the Registry ends on a day on which the Registry is closed, that act shall be in time if done on the next day on which the Registry is open. Dates for compliance to be calendar dates and to include time of day2.11 Where the Court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance shall, wherever practicable be expressed as a calendar date. 2.12 Where a party is required by a Rule, Practice Direction, Judgment or Order to do any act on or before a particular date, the act shall be done by 4pm Alma Ata time (UTC + 6) on that date. Meaning of ‘month’ in judgments, etc.2.13 Where ‘month’ occurs in any judgment, order, direction or other document, it means a calendar month. Variation of time limits2.14 The Court may extend or shorten any time limit set by any Rule or Practice Direction. An extension may be granted after the time limit has expired. 2.15 Unless these Rules provide otherwise or the Court orders otherwise, the time specified by a Rule or Practice Direction or by the Court for a person to do any act may be varied by the written agreement of the parties. Court documents2.16 The Court may place the Court’s seal on a document by hand or electronically. 2.17 A document purporting to bear the Court’s seal shall be admissible in evidence without further proof. Signature of documents2.18 Where these Rules require a document to be signed, that requirement shall be satisfied if the signature is placed on the document by hand, electronically or by any other mechanical means. 2.19 Documents drafted by a legal representative should bear the legal representative’s signature, and if they are drafted by a legal representative as a member or employee of a firm they should be signed in the name of the firm. Filing documents2.20 All documents to be filed with the Court shall be filed by electronic means in accordance with the relevant Practice Direction. 2.21 Unless the Court orders otherwise, no document may be filed unless the relevant fee is paid to the Registry. 2.22 The contents of documents filed by electronic means shall also be provided to the Registry in hard copy if this is required by a relevant Rule or Practice Direction. Forms2.23 The Chief Justice may by Practice Direction prescribe the forms to be used in proceedings before the Court.
Part 3 Case Management Powers of the Court The Court’s general powers of case management 3.1 The Court has the power to take all steps that are required or expedient for the proper determination of a case. 3.2 When the Court makes an order, it may:
3.3 Where a party pays money into Court following an order under Rule 3.2 the money shall be security for any sum payable by that party to any other party in the proceedings. 3.4 Where there has been an error of procedure such as a failure to comply with a Rule or Practice Direction:
Court’s power to make orders of its own initiative3.5 Except where a Rule, Practice Direction or some other legislation provides otherwise, the Court may exercise its powers on an application or of its own initiative. 3.6 Where the Court proposes to make an order of its own initiative:
3.7 The Court may make an order of its own initiative, without giving the parties an opportunity to make representations. 3.8 Where the Court has made an order without giving a party the right to make representations —
3.9 An application under Rule 3.8(1) shall be made:
Power to strike out a Statement of Case3.10 The Court may strike out all or any part of a Statement of Case if it appears to the Court:
3.11 When the Court strikes out a Statement of Case it may make any consequential order it considers appropriate. Sanctions have effect unless defaulting party obtains relief3.12 Where a party has failed to comply with a Rule, Practice Direction or Court order, any sanction for failure to comply imposed by the Rule, Practice Direction or Court order has effect unless the party in default applies for and obtains relief from the sanction. 3.13 Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.
SECTION I – GENERAL RULES FOR COMMENCING CLAIMS How to start proceedings4.1 Proceedings are started when the Court issues a Claim Form at the request of the Claimant. 4.2 The Court issues a Claim Form by:
4.3 If a Claimant wishes his claim to proceed under Part 23 (the ‘Abridged Procedure’), or if the claim is required by a Rule or a Practice Direction to proceed under the Abridged Procedure, the Abridged Procedure Claim Form shall be used. 4.4 The Claimant shall specify on the Claim Form:
(a) an address in Kazakhstan at which the Claimant carries on business; or (b) where no such address exists, the Claimant’s registered address; or (c) where neither such address exists, an address in any other country at which the Claimant carries on business. 4.5 Where possible, the Claimant shall state an email address for service on the Claim Form. Where the Claimant is represented by a legal representative and the legal representative has signed the Claim Form, the address shall be the legal representative’s business email address; otherwise the address for service that is given should be the Claimant’s email address. Date of start of proceedings4.6 Where the Claim Form was received in the Registry on a date earlier than the date on which it is issued by the Court, the claim is ‘brought’ for the purposes of limitation on that earlier date. 4.7 The date on which the Claim Form was received by the Registry will be recorded on the Claim Form. Right to use one Claim Form to start two or more claims4.8 A Claimant shall use a single Claim Form to start all claims which can be conveniently disposed of in the same proceedings. Service of Claim Form4.9 After a Claim Form has been issued, it shall be served on the Defendant by the Claimant:
Extension of time for serving a Claim Form4.10 The Claimant may apply for an order extending the period within which the Claim Form may be served. 4.11 The general rule is that an application to extend the time for service shall be made:
Claim Form may be served, within the period for service specified by that order. 4.12 If the Claimant applies for an order to extend the time for service of the Claim Form after the end of the periods specified by Rule 4.11 the Court may make such an order if:
4.13 An application for an order extending the time for service shall be made in accordance with Part 6 and supported by evidence stating:
4.14 The application may be made without notice. Application by Defendant for service of Claim Form4.15 Where a Claim Form has been issued against a Defendant, but has not yet been served on him, the Defendant may serve a notice on the Claimant requiring him to serve the Claim Form or discontinue the claim within a period specified in the notice. 4.16 The period specified in a notice served under Rule 4.15 shall be at least 14 days after service of the notice. 4.17 If the Claimant fails to comply with the notice, the Court may, on the application of the Defendant:
Statement of truth4.18 The Claim Form and, where they are not included in the Claim Form, the Particulars of Claim, shall be verified by a Statement of Truth. Particulars of Claim4.19 Except where a claim proceeds in accordance with the Abridged Procedure, a Claimant shall provide Particulars of Claim to the Defendant(s) and to the Court in accordance with Part 11, Section I. 4.20 If Particulars of Claim are not contained in or served with the Claim Form:
4.21 Where the Claimant serves Particulars of Claim separately from the Claim Form in accordance with Rule 4.20(2) he shall, within 7 days of service on the Defendant, file a copy of the Particulars of Claim together with a certificate of service. 4.22 All Claim Forms shall state:
SECTION I – GENERAL RULES OF SERVICE 5.1 The Rules in this Section of this Part apply to the service of documents except where:
5.2 Nothing in these Rules or in any Court order shall authorise or require any person to do anything which is contrary to the law of the place where a document is to be served. Methods of service5.3 A document may be served by any method which brings the document and its contents to the attention of the party being served. 5.4 Where the party being served is not an individual, the method of service shall bring the document and its contents to the attention of a person holding a senior position within the party. Each of the following persons is a person holding a senior position:
5.5 Where a document is to be served by any means of electronic communication, the party seeking to serve the document should first seek to clarify with the party who is to be served whether there are any limitations to the recipient’s ability to receive service by such means including the maximum size of attachments that may be received. 5.6 A company may also be served by the following methods:
Who is to serve5.7 The party on whose behalf a document is to be served shall serve a document which it has issued or prepared except where:
5.8 Where the Court is to serve a document, the Court may use any method of service it deems appropriate. Address for service5.9 Where a party has given an email address for service, any document served on that party should be sent to that email address. 5.10 A party or his legal representative who changes his address for service shall give notice in writing of the change as soon as it has taken place to the Court and every other party. Service of documents on children5.11 If any document would otherwise be served on a child, it shall instead be served:
(a) one of the child’s parents or guardians; or (b) if there is no parent or guardian, the person with whom the child resides or in whose care the child is. 5.12 The Court may make an order permitting a document to be served on the child, or on some person other than the person specified in Rule 5.11. 5.13 An application for an order under Rule 5.12 may be made without notice. 5.14 The Court may order that, although a document has been served on someone other than the person specified in Rule 5.11, the document is to be treated as if it had been properly served. Considered date of service5.15 A document which is served in accordance with these Rules or any relevant Practice Direction shall be considered to be served:
Translation of Claim Form5.16 Where the Claim Form is to be served in the Republic of Kazakhstan outside the AIFC, it shall be accompanied by a Kazakh or Russian translation of the Claim Form, unless the Court orders otherwise. 5.17 Where the Claim Form is to be served outside the Republic of Kazakhstan in a place in which English is not an official language, it shall be accompanied by a translation of the Claim Form into an official language of that place, unless the Court orders otherwise. 5.18 Every translation to be served under Rule 5.16 or 5.17 shall be accompanied by a statement by the person making it that it is a correct translation, and the statement shall include:
Service by a particular method5.19 The Court may make an order requiring any document to be served by a particular method. 5.20 The Court may direct that steps be taken to publish any document or take any other step which the Court considers reasonably necessary to bring the document and its contents to the attention of a party or any other person. Power of Court to dispense with service5.21 The Court may dispense with service of a document. 5.22 An application for an order to dispense with service may be made without notice. Certificate of service5.23 Where a Rule, Practice Direction or Court order requires a certificate of service, the certificate shall:
Notification of outcome of service by Court5.24 Where— a document is required to be served by the Court; and
the Court shall send notification of this to the party who requested service. Certificate of service relating to the Claim Form5.25 Where a Claim Form is served by the Court, the Court shall send the Claimant a notice which will include the date when the Claim Form is considered to be served under Rule 5.15. 5.26 Where the Claim Form is served by the Claimant:
Undertaking to be responsible for expenses of the Court5.27 Any request for service through the Court shall contain an undertaking by the person making the request:
Proof of service5.28 Where:
the Court may direct that the Claimant may take no further steps against that Defendant until the Claimant has filed a certificate of service. SECTION II – SERVICE OF PROCESS OF OTHER COURTS5.29 This Section of this Part applies to the service in the AIFC of any court process in connection with civil or commercial proceedings in another court. 5.30 Nothing in this Section of this Part shall deprive any person of any right they may have to effect such service themselves. Request for service5.31 The Court will serve process where the Registrar receives:
unless the other court certifies that the person to be served understands the language of the process, a translation of it into English. Method of service5.32 The Registrar may arrange for service of the process by any method he considers to be appropriate. After service5.33 The Registrar will send the following documents to the person who requested service:
(a) when and how the process was served or the reason why it has not been served; and (b) where appropriate, an amount certified to be the costs of serving or attempting to serve the process; and
6.1 When a party makes an application to the Court:
6.2 In this Part:
(a) the person against whom the order is sought; and (b) such other person as the Court may direct. SECTION I – FILING AND SERVICE OF NOTICE OF AN APPLICATIONApplication notice to be filed6.3 The general rule is that an applicant shall file an application notice. 6.4 An applicant may make an application without filing an application notice if:
Notice of an application6.5 The general rule is that a copy of the application notice shall be served by the applicant on each respondent. 6.6 An application may be made without serving a copy of the application notice if this is permitted by:
Applications without service of application notice6.7 The Court’s permission is required for an application to be made without serving an application notice. The Court’s permission will be granted:
Expedited applications6.8 The Court will expedite the hearing of an application on notice in cases of sufficient urgency and importance. 6.9 Where a party wishes to make an expedited application a request should be made to the Registrar. Such request should be made on notice to all other parties, unless the Court orders otherwise. Time when an application is made6.10 Where an application is required to be made within a specified time, it is so made if the application notice is received by the Court within that time. What an application notice shall include6.11 An application notice shall state:
Service of a copy of an application notice6.12 Unless Rule 6.6 applies a copy of the application notice:
6.13 When a copy of an application notice is served it shall be accompanied by:
SECTION II – EVIDENCE IN SUPPORT OF APPLICATIONSFiling and service of evidence6.14 Subject to any directions the Court may make as to the service of evidence:
6.15 It is not necessary for written evidence:
6.16 Evidence in support of an application may be set out in either:
unless the Court, Regulations, a Rule or a Practice Direction requires evidence by affidavit. 6.17 The evidence shall set out the facts on which the applicant relies, including all material facts of which the Court should be made aware. 6.18 Where an application is made without notice to the respondent, the evidence shall also set out:
SECTION III – HEARINGS AND ORDERSHearing of applications6.19 The general rule is that the Court will fix an oral hearing to deal with any application. 6.20 Applications (other than applications in arbitration claims under Part 27) will be heard in public in accordance with Article 32 of the Court Regulations, save where otherwise ordered by the Court. Applications may be dealt with without a hearing6.21 The Court may deal with an application without a hearing if the parties agree or if the Court does not consider that a hearing would be desirable. Power of the Court to proceed in the absence of a party6.22 Where the applicant or any respondent fails to attend the hearing of an application, the Court may proceed in his absence. 6.23 Where:
the Court may, on application or of its own initiative, re-hear the application. Service of application where application made without notice6.24 Where the Court has disposed of an application which it permitted to be made without notice, unless the Court orders otherwise:
6.25 A person who was not served with a copy of the application notice before an order was made under Rule 6.24, may apply to have the order set aside or varied. 6.26 An application under Rule 6.25 shall be made within 7 days after the date on which the order was served on the person making the application.
7.1 Save where a Rule or Practice Direction provides otherwise, a Defendant shall file an acknowledgment of service and serve a copy on every other party. 7.2 In addition to filing and serving an acknowledgment of service, the Defendant may also:
7.3 A Defendant who wishes to acknowledge service of a claim shall do so electronically through the Court e-filing system. The period for filing an acknowledgment of service7.4 The period for filing an acknowledgment of service is:
Consequence of not filing an acknowledgment of service7.5 If a Defendant fails to file an acknowledgment of service within the period specified in Rule 7.4 the Claimant may obtain default judgment if Part 9 allows it. Contents of acknowledgment of service7.6 An acknowledgment of service shall:
(a) an address in Kazakhstan at which the Defendant carries on business; or (b) where no such address exists, the Defendant’s registered address; or (c) where no such address exists, an address in any other country at which the Defendant carries on business;
7.7 Where the Defendant is represented by a legal representative and the legal representative has signed the acknowledgment of service form, the address for service shall be the legal representative’s business email address; otherwise the address for service that is given should be the Defendant’s email address, if possible. General7.8 The Defendant’s name should be set out on the acknowledgment of service. 7.9 Where the Defendant’s name has been incorrectly set out in the Claim Form, it should be correctly set out on the acknowledgment of service followed by the words ‘described as’ and the incorrect name. 7.10 If two or more Defendants to a claim acknowledge service of a claim through the same legal representative at the same time, only one acknowledgment of service need be used. 7.11 An acknowledgment of service may be amended or withdrawn only with the permission of the Court. The application shall be made in accordance with Part 6 and supported by evidence.
8.1 A Defendant who wishes to:
may apply to the Court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have. 8.2 A Defendant who wishes to make such an application shall first file an acknowledgment of service in accordance with Part 7 indicating that he intends to dispute jurisdiction. 8.3 A Defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the Court’s jurisdiction. 8.4 An application under this Part shall:
8.5 If the Defendant files an acknowledgment of service and does not make an application disputing the Court’s jurisdiction within the period specified in Rule 8.4:
8.6 If the Defendant files an acknowledgment of service indicating an intention to dispute the Court’s jurisdiction, the Claimant need not serve Particulars of Claim before the hearing of the application, unless the Court orders otherwise.
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Содержание Part 1 The Overriding ObjectivePart 2 Interpretation, Court Documents and FormsPart 3 Case Management Powers of the CourtPart 4 Commencing a ClaimPart 5 Service of DocumentsPart 6 Making ApplicationsPart 7 Responding to a claimPart 8 Disputing jurisdictionPart 9 Default JudgmentPart 10 AdmissionsPart 11 Statements of Case and Further InformationPart 12 PartiesPart 13 Counterclaims and other Related ClaimsPart 14 Immediate JudgmentPart 15 Interim RemediesPart 16 Case ProgressionPart 17 Production of DocumentsPart 18 EvidencePart 19 ExpertsPart 20 Offers to Settle and Payments into CourtPart 21 Discontinuing a ClaimPart 22 HearingsPart 23 Abridged Procedure for ClaimsPart 24 Judgments and OrdersPart 25 Change of Legal RepresentativePart 26 CostsPart 27 Arbitration ClaimsPart 28 The Small Claims CourtPart 29 AppealsPart 30 Enforcement |