Gazprom Export LLC v DDI Holdings Ltd [2020] EWHC 303 (Comm) (14 February 2020)

Gazprom Export LLC v DDI Holdings Ltd [2020] EWHC 303 (Comm) (14 February 2020)

It is not an abuse of process for the Principal Defendants, who were not parties to the ICC arbitration, to advance competition law allegations already determined in that arbitration, as the high threshold for abuse is not met; there is no estoppel, the parties and issues are not identical, and the risk of manifest unfairness or bringing the administration of justice into disrepute is not established.

Citation
[2020] EWHC 303 (Comm)
Parties
Claimant: Gazprom Export LLC; First Defendant: DDI Holdings Limited; Second Defendant: Mr Sasho Georgiev Dontchev; Third Defendant: Overgas Mrezhi AD; Fourth Defendant: Overgas Inc. AD; Fifth Defendant: Overgas Holding AD; Sixth Defendant: DD Management AD
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Commercial Court Proceedings (qbd) / Application to Strike Out Defence and Counterclaim Under CPR 3.4(2)(b)
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Collateral Attack, Issue Estoppel, Res Judicata, Recognition of Arbitral Awards, Competition Law Defences
Civil Procedure Arbitration Competition Law Abuse of Process Collateral Attack Issue Estoppel Res Judicata Recognition of Arbitral Awards +1 more

Case Brief

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Parties

Gazprom Export LLC

Claimant

DDI Holdings Limited

First Defendant

Mr Sasho Georgiev Dontchev

Second Defendant

Overgas Mrezhi AD

Third Defendant

Overgas Inc. AD

Fourth Defendant

Overgas Holding AD

Fifth Defendant

DD Management AD

Sixth Defendant

Procedural Posture

Commercial Court Proceedings (qbd) / Application to Strike Out Defence and Counterclaim Under CPR 3.4(2)(b)

Legal Issues

  1. 1 Whether it is an abuse of process for the Principal Defendants to advance allegations of breach of competition law already determined in ICC arbitration between GPE and Overgas Inc
  2. 2 Whether the Principal Defendants, as non-parties to the arbitration, are precluded from raising the same issues in the English proceedings

Ratio Decidendi

It is not an abuse of process for the Principal Defendants, who were not parties to the ICC arbitration, to advance competition law allegations already determined in that arbitration, as the high threshold for abuse is not met; there is no estoppel, the parties and issues are not identical, and the risk of manifest unfairness or bringing the administration of justice into disrepute is not established.

Court Disposition

Application to strike out dismissed

Orders

  • The Principal Defendants' defence and counterclaim based on alleged breaches of competition law are not struck out.
  • Proceedings to continue to trial on the pleaded issues.