The subject of the petty litigation, considered under
As the Defendant has not engaged with these pro-
English law, was the debt of Star Asian Mining Compa-
ceedings to date, no conflict of evidence arises. The ny LLP to Aurora AG Limited for performing geophys-Claimant has submitted everything on which it intends ical work in the East Kazakhstan region in 2018.
to rely and has requested a determination without a
The Claimant claims sums due under a contract
hearing. A hearing is therefore likely only to delay the (“the Contract”) entered into between the parties on 17
claim. In the circumstances, the court have decided this
July 2018 [5]. By the terms of the Contract, the Claim-
claim without a hearing in accordance with ACR 28.39
ant was engaged to carry out ground-based geophysical
[3].
works for the Defendant in East Kazakhstan. The
Thus, the court ruled that the plaintiff, within the Claimant’s position is that it carried out the works but
framework of the contract, has the right to claim in rela-
has not been paid by the Defendant.
tion to the full amount of the contract, including the According to subparagraphs 4 and 3 of paragraph
“penalty”.
13 of Article 13 of the Constitutional Law of the Repub-
In connection with the foregoing, here we can see
lic of Kazakhstan on the AIFC No. 438-V dated De-
that AIFC's first court decision was executed efficiently
cember 7, 2015 (as amended and supplemented), “the
in record time.
AIFC Court has jurisdiction over disputes referred to the
Subsequently, the Сourt delivered its first decision
AIFC Court by agreement of the parties”. This Court
in April 2019.
therefore has jurisdiction over this claim [1].
By the way, the dispute was considered in the
Consequently, the Court had jurisdiction to consider
framework of writ proceedings through electronic ex-
this claim.
change of documents. In other words, neither the judge
The sum claimed by the Claimant is equivalent to
nor the participants had to meet to resolve the dispute.
approximately USD 110,000. This claim is therefore
Christopher Campbell-Holt (Court registrar) notes that
appropriate for determination in the Small Claims Court
the first court decision became symbolic.
pursuant to the AIFC Court Rules (hereinafter –
Summing up, it is worth noting that this is the first