28.13 Where the defendant admits the claim in accordance with Rule 28.12(1), the SCC shall issue an order giving judgment on the claim. 28.14 Where the defendant files and serves an application to dispute the jurisdiction in accordance with Rule 28.12(3), the application will be heard by a SCC Judge in accordance with Part 6. Consultation28.15 After the defendant has filed and served a Small Claim Defence in accordance with Rule 28.12(2), or after the time for filing such a statement has passed, the parties may request and the Court may fix a time and place for the parties to attend for a consultation. 28.16 Any such request should be made within 7 days of the service of the Small Claim Defence or the time for such service, whichever is earlier. 28.17 The purpose of the consultation will be to allow the parties to attempt to resolve their dispute by agreement. 28.18 A consultation may be conducted by the Registrar or by a person appointed by the Registrar for that purpose. 28.19 The SCC will attempt to fix any consultation on a date on which both parties are able to attend. 28.20 Any full-time officer or employee of a corporate party may represent a corporate party at the consultation. 28.21 Unless the Court directs otherwise, the consultation shall take place in private. 28.22 If the claim is settled at the consultation, the person conducting the consultation will record the terms of the settlement in writing. The written record of the settlement will be referred to an SCC Judge, who will issue a consent order, recording the terms of the settlement. 28.23 If the claim is not settled at the consultation, the Court may either: fix a date for a further consultation; or make arrangements for the hearing of the claim in accordance with Rules 28.24 to 28.27 below. Preparation for the hearing28.24 If no consultation is fixed by the Court or if the claim is not settled at the consultation, the Court will give directions for the preparation of the small claim for trial. 28.25 The Court may: fix a date for the final hearing of the small claim; inform the parties of the time allowed for the final hearing; require the parties to give further information about their case; and order each party to file and serve on every other party statements of any witness or copies of any further documents on which they intend to rely at the hearing. 28.26 A party may ask the Court to give particular directions about the conduct of the case. 28.27 No expert may give evidence, whether written or oral, at a hearing without the Court’s permission. Conduct of the hearing28.28 The SCC Judge may adopt any method of proceeding at a hearing that he considers to be fair. Hearings will be informal28.29 The strict rules of evidence do not apply. 28.30 The SCC Judge may take evidence on affirmation but is not required to do so. 28.31 The SCC Judge may limit cross-examination. 28.32 Any full-time officer or employee of a corporate party may represent a corporate party at the hearing. 28.33 The SCC will take a minute of or otherwise record by such means as the SCC Judge considers appropriate any hearing that takes place at the SCC. A party may obtain a copy of that minute or other recording on payment of the proper charges specified by the SCC. 28.34 The SCC Judge shall give reasons for his decision. 28.35 The SCC Judge may give reasons for his judgment as briefly and simply as the nature of the case requires. Non-attendance of parties at a final hearing28.36 If a claimant does not attend the hearing, the SCC may strike out the claim. 28.37 If a defendant does not attend the hearing and the claimant does attend the hearing, the SCC may decide the claim on the basis of the evidence of the claimant alone. 28.38 If neither party attends the hearing, the SCC may strike out the claim and any defence and counterclaim. Disposal without a hearing28.39 The SCC may deal with the claim without a hearing. Setting Judgment aside and re-hearing28.40 A party who was not present at the hearing of the claim may apply for an order that a Judgment under this Part shall be set aside and the claim re-heard. 28.41 A party who applies for an order setting aside a Judgment under Rule 28.40 shall make the application not more than 7 days after the day on which notice of the Judgment was served on him. 28.42 The SCC may grant an application under Rule 28.40 if the applicant: had a good reason for not attending the hearing; and has a real prospect of success at the hearing. 28.43 If a Judgment is set aside: the SCC shall fix a new hearing for the claim; and the hearing may take place immediately after the hearing of the application to set the Judgment aside and may be dealt with by the SCC Judge who set aside the Judgment. 28.44 A party may not apply to set aside a Judgment under Rule 28.40 if the SCC dealt with the claim without a hearing under Rule 28.39. Claim re-allocated from the SCC to the Court of First Instance28.45 Where a claim is transferred from the SCC to the Court of First Instance, Rules 26.9 and 26.10 (costs in the SCC) will cease to apply from the date of the order transferring the claim. Enforcement28.46 An Order of the SCC shall have the same status as an Order of the Court of First Instance and may be enforced in accordance with the procedures set out in Part 30.
29.1 The Rules in this Part apply to appeals: to the Court of Appeal from the Court of First Instance; and to the Court of First Instance from the Small Claims Court or pursuant to the Court Regulations, Article 26(5). 29.2 In this Part: ‘appeal Court’ means the Court to which an appeal is made; ‘lower Court’ means the Court, tribunal or other person or body from whose decision an appeal is brought; unless the use or context otherwise requires, ‘decision’ means an order or direction or, where a matter is to be disposed of otherwise than by order or direction, the pronouncement of the disposal; ‘appellant’ means a person who brings or seeks to bring an appeal; ‘respondent’ means: (a) a person other than the appellant who was a party to the proceedings in the lower Court and who is affected by the appeal; and (b) a person who is permitted by the appeal Court to be a party to the appeal; and ‘appeal notice’ means an appellant’s or respondent’s notice. 29.3 This Part is subject to any Rule, enactment or Practice Direction which sets out further provisions with regard to any particular category of appeal. Stay29.4 Unless the appeal Court or the lower Court orders otherwise, an appeal shall not operate as a stay of any decision of the lower Court. Permission to appeal29.5 An appellant or respondent requires permission to appeal, except where the appeal is against a contempt order. 29.6 Permission to appeal may be given where the lower Court or the appeal Court considers that: the appeal would have a real prospect of success; or there is some other compelling reason why the appeal should be heard. Conditions for allowing an appeal29.7 The appeal Court will allow an appeal from a decision of the lower Court where the decision of the lower Court was: wrong; or unjust because of a serious procedural or other irregularity in the proceedings in the lower Court. Appellant’s Application for Permission29.8 An appellant’s application for permission to appeal may be made: orally to the lower Court at any hearing at which the decision to be appealed was handed down; or to the appeal Court in an appellant’s notice. 29.9 Where the lower Court refuses permission to appeal, a further application for permission to appeal may be made to the appeal Court in an appellant’s notice. Time for appeal29.10 The appellant shall file the appellant’s notice as referred to in Rule 29.8(2): within such period as may be directed by the lower Court; or where the lower Court makes no such direction, within 21 days after the date of the decision. 29.11 The parties may not agree to extend the time for appeal. 29.12 Where the time for appeal has expired, the appellant shall file the appellant’s notice and include therein – an application for an extension of time; and a statement of the reason for the delay and the steps taken prior to the application being made. Respondent’s submissions29.13 A respondent may make written submissions in opposition to an application for permission to appeal. 29.14 A respondent wishing to make submissions in opposition to permission to appeal shall file and serve the submissions: within 21 days of the service upon him of the appellant’s notice; or in the event that the grounds of appeal and/or skeleton argument are filed within 21 days of the date of the appellant’s notice pursuant to Rule 29.25, within 21 days of the service upon him of the appellant’s grounds of appeal and/or skeleton argument. Decision of the application for permission29.15 An application for permission to appeal made to the appeal Court in an appellant’s notice may not be decided by the Judge against whose decision permission to appeal is sought. 29.16 An application for permission to appeal not made orally to the lower Court at the hearing will be determined on paper, except as provided for by Rule 29.17. 29.17 The judge considering the application on paper may direct that the application be determined at an oral hearing, and shall so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing. 29.18 The lower Court or the appeal Court may direct the filing of further submissions by the appellant or any respondent. 29.19 If permission to appeal is granted without an oral hearing, the parties will be notified of that decision. 29.20 If permission to appeal is refused without an oral hearing, the parties will be notified of that decision and brief reasons for it. Limited permission29.21 An order giving permission to appeal may: limit the issues to be heard; and be made subject to conditions. 29.22 Where the lower Court or the appeal Court gives permission to appeal on some issues only, it will: refuse permission to appeal on any remaining issues; or reserve the question of permission to appeal on any remaining issues to the Court hearing the appeal. Appellant’s notice29.23 An appellant’s notice shall be filed in all cases other than an application for permission to appeal made orally as referred to in Rule 29.8(1). 29.24 Subject to Rule 29.25, an appellant’s notice shall: set out the grounds of appeal relied on and include or be accompanied by a skeleton argument. 29.25 Where it is impracticable to comply with Rule 29.24, a statement of the grounds of appeal and the skeleton argument shall be filed within 21 days of filing the appellant’s notice. 29.26 Unless the Court otherwise orders, the appellant shall serve on each respondent – a sealed copy of the appellant’s notice; copies of any statement of the grounds of appeal and any skeleton argument; and copies of any other documents required to be filed pursuant to a Practice Direction as soon as practicable and in any event within 7 days after they are filed. 29.27 The appellant shall, as soon as practicable, file a certificate of service of the documents referred to in Rule 29.26. Applications29.28 An application to be made to the appeal Court for a remedy incidental to the appeal may be included in the appellant’s notice or respondent’s notice or made in a Part 6 application notice. Respondent’s notice29.29 A respondent may file and serve a respondent’s notice – applying for permission to appeal; or asking the appeal Court to uphold the decision of the lower Court for reasons different from or additional to those given by the lower Court. 29.30 The rules in relation to applying for permission to appeal in an appellant’s notice and decision of the application apply to an application for permission to appeal in a respondent’s notice as if the respondent were the appellant. 29.31 A respondent who wishes only to request that the appeal Court upholds the decision of the lower Court for reasons different from or additional to those given by the lower Court does not appeal and does not require permission to appeal. 29.32 If the respondent does not file a respondent’s notice, he will not be entitled, except with the permission of the Court, to rely on any reason not relied on in the lower Court. Time for respondent’s notice29.33 A respondent’s notice shall be filed within: such period as may be directed by the Court; or where the Court makes no such direction, 21 days after: (a) where permission to appeal is not required, the date the respondent is served with the appellant’s notice or (if served later) skeleton argument; (b) in all other cases – (і) the date the respondent receives a copy of the order giving permission to appeal; or (ii) the date the respondent receives notification that the application for permission to appeal and the appeal itself are to be heard together. 29.34 Rule 29.12 (extension of time for appeal) applies to a respondent and a respondent’s notice. Accordingly, where an extension of time is required the extension shall be requested in the respondent’s notice and the reasons why the respondent failed to act within the specified time shall be included. 29.35 The respondent shall file a skeleton argument in all cases where he proposes to address arguments to the Court. The respondent’s skeleton argument may be included within a respondent’s notice. 29.36 Unless the Court orders otherwise a respondent’s notice shall be served on the appellant and any other respondent: as soon as practicable; and in any event not later than 7 days; after it is filed. 29.37 A respondent who: files a respondent’s notice; but does not include his grounds of appeal and skeleton argument within that notice; may file his grounds of appeal and skeleton argument accompanying the notice but in any event shall file his skeleton argument within 21 days of filing the notice. 29.38 A respondent who does not file a respondent’s notice but who files a skeleton argument shall file that skeleton argument no later than 28 days after: where permission to appeal is not required, the date the respondent is served with the appellant’s notice or (if served later) skeleton argument; in all other cases – (a) the date the respondent receives a copy of the order giving permission to appeal; or (b) the date the respondent receives notification that the application for permission to appeal and the appeal itself are to be heard together. 29.39 The respondent shall: serve his skeleton argument on: (a) the appellant; and (b) any other respondent at the same time as he files it at the Court; and file a certificate of service. Amendment of appeal notice29.40 An appeal notice may not be amended without the permission of the appeal Court. Striking out appeal notices and setting aside or imposing conditions on permission to appeal29.41 The appeal Court may: strike out the whole or part of an appeal notice; set aside permission to appeal in whole or in part; impose or vary conditions upon which an appeal may be brought. Powers on appeal29.42 On hearing an appeal from a decision of the lower Court, the appeal Court may: affirm, vary or set aside the decision appealed; make or give any order that could have been made or given by the lower Court; attach terms or conditions to an order it makes; make a declaration of facts; remit proceedings to the lower Court, subject to any directions the appeal Court considers appropriate; or make any other order that the appeal Court considers appropriate or just. 29.43 The appeal Court may exercise its powers in relation to the whole or part of an order of the lower Court. Hearings of appeals29.44 Every appeal will be limited to a review of the decision of the lower Court unless: the Court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing; any other Rule or enactment requires a re-hearing. 29.45 At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal Court gives permission. Evidence on appeal29.46 Unless it orders otherwise, the appeal Court will not receive: oral evidence; or evidence which was not before the lower Court. Non-disclosure of certain offers29.47 The fact that an offer has been made under Part 20, Section I shall not be disclosed to any Judge of the appeal Court who is to hear or determine: an application for permission to appeal; or an appeal; until all questions (other than costs) have been determined. 29.48 Rule 29.47 does not apply if the offer is relevant to the substance of the appeal. No second appeal29.49 No appeal lies from the decision of the Court of First Instance on an appeal from the Small Claims Court or pursuant to the Court Regulations, Article 26(5).
30.1 This Part contains rules which provide: For a party to obtain an order (an «Execution Order») to enforce a judgment or order of the Court within the Republic of Kazakhstan; and For certification of a judgment or order of the Court for enforcement outside the Republic of Kazakhstan. SECTION I – ENFORCEMENT ORDERS Applying for an Execution Order 30.2 A party in whose favour a judgment or order is made for the payment of money or the delivery of goods (the ‘judgment creditor’) may apply to the Court for an Execution Order. 30.3 An application for an Execution Order may be made without notice. 30.4 An application for an Execution Order will ordinarily be determined by an Enforcement Judge of the Court. 30.5 The Court will arrange for a translation into the Kazakh or Russian language of the judgment or order which is to be enforced, in accordance with the Constitutional Statute, Article 13(8). 30.6 The applicant shall pay any applicable fee for such translation and the Court may refuse to issue the Execution Order until the applicant has paid the fee. 30.7 Practice Directions may specify the mechanisms of enforcement which may be provided for in an Enforcement Order and the procedure for applying for each such remedy. 30.8 The Court may deal with an application for an Execution Order without a hearing. 30.9 An Execution Order in respect of a judgment or order requiring a party to pay money to the judgment creditor shall specify the amount of money due to the judgment creditor under the judgment or order, including interest (if any). Costs30.10 An Execution Order in respect of any judgment or order may require a party against whom it is made to pay the judgment creditor’s reasonable costs of obtaining the Execution Order. SECTION II – ENFORCEMENT OF AIFC JUDGMENTS OR ORDERS OUTSIDE THE REPUBLIC OF KAZAKHSTAN30.11 Any party seeking to enforce a judgment or order of the Court outside the Republic of Kazakhstan may apply for a certified copy of the judgment or order to be issued by the Court. 30.12 An application under Rule 30.11 may be made without notice.
Approved by the Chief Justice of the AIFC Court in accordance with Article 30 of the AIFC Court Regulations 2017:
The Rt. Hon. The Lord Woolf CH, Chief Justice, AIFC Court
1 January 2018
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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 |