VTB Bank (PJSC) v Mejlumyan [2021] EWHC 718 (Comm) (25 March 2021)

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

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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

  1. 1 Whether to grant an anti-suit injunction restraining Armenian proceedings in breach of a London arbitration clause
  2. 2 Whether to adjourn the anti-suit injunction hearing due to the respondent's ill health
  3. 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.