Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd & Ors [2023] EWHC 2816 (Comm) (03 November 2023)

Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd & Ors [2023] EWHC 2816 (Comm) (03 November 2023)

The court granted interim anti-suit and anti-anti-suit injunctions because the Defendants' Russian proceedings were in clear breach of English law-governed LCIA arbitration agreements, there was a high risk of pre-emptive Russian anti-suit relief if notice was given, and urgent, private, and alternative service orders were necessary to protect the contractual bargain and prevent irreparable harm, especially in the context of sanctions and the risk of enforcement difficulties.

Citation
[2023] EWHC 2816 (Comm)
Parties
Claimant/applicant: Renaissance Securities (Cyprus) Limited; Defendant/respondent: Chlodwig Enterprises Limited; Defendant/respondent: Adorabella Limited; Defendant/respondent: Gekolina Investments Ltd; Defendant/respondent: Dubhe Holdings Limited; Defendant/respondent: Owl Nebula Enterprises Limited; Defendant/respondent: Perpecia Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2023
Procedural Posture
Commercial Court Arbitration Claim / Interim Application for Anti Suit and Anti Anti Suit Injunctions, Heard Without Notice
Outcome
Interim anti-suit and anti-anti-suit injunctions granted without notice; non-disclosure and alternative service orders granted; personal service dispensed with; return date to be fixed.
Legal Topics
Anti Suit Injunctions, Anti Anti Suit Injunctions, Enforcement of Arbitration Agreements, Sanctions, Service Out of Jurisdiction, Urgent Interim Relief
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Anti Anti Suit Injunctions Enforcement of Arbitration Agreements Sanctions Service Out of Jurisdiction +1 more

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Parties

Renaissance Securities (Cyprus) Limited

Claimant/applicant

Chlodwig Enterprises Limited

Defendant/respondent

Adorabella Limited

Defendant/respondent

Gekolina Investments Ltd

Defendant/respondent

Dubhe Holdings Limited

Defendant/respondent

Owl Nebula Enterprises Limited

Defendant/respondent

Perpecia Limited

Defendant/respondent

Procedural Posture

Commercial Court Arbitration Claim / Interim Application for Anti Suit and Anti Anti Suit Injunctions, Heard Without Notice

Legal Issues

  1. 1 Whether anti-suit injunction (ASI) should be granted to restrain Russian proceedings in breach of LCIA arbitration agreements governed by English law
  2. 2 Whether anti-anti-suit injunction (AASI) should be granted to prevent Defendants from seeking Russian anti-suit relief
  3. 3 Whether non-disclosure and alternative service orders are justified

Ratio Decidendi

The court granted interim anti-suit and anti-anti-suit injunctions because the Defendants' Russian proceedings were in clear breach of English law-governed LCIA arbitration agreements, there was a high risk of pre-emptive Russian anti-suit relief if notice was given, and urgent, private, and alternative service orders were necessary to protect the contractual bargain and prevent irreparable harm, especially in the context of sanctions and the risk of enforcement difficulties.

Court Disposition

Interim anti-suit and anti-anti-suit injunctions granted without notice; non-disclosure and alternative service orders granted; personal service dispensed with; return date to be fixed.

Orders

  • Defendants restrained from pursuing Russian proceedings in breach of LCIA arbitration agreements (ASI)
  • Defendants restrained from seeking or enforcing Russian anti-suit injunctions against RenSec (AASI)