VTB Bank (PJSC) v Mejlumyan [2021] EWHC 718 (Comm) (25 March 2021)
Given credible medical evidence of the respondent's incapacity, it would be unfair to proceed on the merits; an adjournment is granted. Interim anti-suit relief to 'hold the ring' is appropriate to prevent prejudice, with safeguards to avoid prejudicing the respondent's right of appeal in Armenia.
- Citation
- [2021] EWHC 718 (Comm)
- Parties
- Claimant/applicant: VTB Bank (PJSC); Defendant/respondent: Valeri Dzhanibekovich Mejlumyan
- Jurisdiction
- England and Wales
- Judgment Date
- 25 March 2021
- Procedural Posture
- Arbitration Claim (anti Suit Injunction and Adjournment Application) / Interlocutory Hearing on Anti Suit Injunction and Adjournment
- Outcome
- Adjournment granted; interim anti-suit relief ordered to hold the ring pending a full hearing.
- Legal Topics
- Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Adjournment, Interim Relief
Case Brief
Summary, issues, holding and outcome
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Parties
VTB Bank (PJSC)
Claimant/applicant
Valeri Dzhanibekovich Mejlumyan
Defendant/respondent
Procedural Posture
Arbitration Claim (anti Suit Injunction and Adjournment Application) / Interlocutory Hearing on Anti Suit Injunction and Adjournment
Legal Issues
- 1 Whether to grant an anti-suit injunction restraining Armenian proceedings in breach of a London arbitration clause
- 2 Whether to adjourn the anti-suit injunction hearing due to the respondent's ill health
- 3 Whether interim 'hold the ring' relief should be granted pending a full hearing
Ratio Decidendi
Given credible medical evidence of the respondent's incapacity, it would be unfair to proceed on the merits; an adjournment is granted. Interim anti-suit relief to 'hold the ring' is appropriate to prevent prejudice, with safeguards to avoid prejudicing the respondent's right of appeal in Armenia.
Court Disposition
Adjournment granted; interim anti-suit relief ordered to hold the ring pending a full hearing.
Orders
- Hearing of anti-suit injunction adjourned to earliest available date after 12 April 2021.
- Respondent to file evidence by 31 March 2021; applicant to reply by 7 April 2021.
Full Case Text
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