Renaissance Securities (Cyprus) Ltd v ILLC Chlodwig Enterprises & Ors [2024] EWHC 1827 (Comm) (30 April 2024)

Renaissance Securities (Cyprus) Ltd v ILLC Chlodwig Enterprises & Ors [2024] EWHC 1827 (Comm) (30 April 2024)

The Defendants are bound by English-law arbitration agreements requiring LCIA arbitration. Their pursuit of Russian proceedings is in clear breach of those agreements. The evidence shows a high probability of breach, urgency due to imminent Russian hearings, and risk that prohibitory orders alone are insufficient. The Defendants have failed to show good reason for adjournment or non-compliance. Interim mandatory relief requiring withdrawal of the Russian claims is necessary to prevent prejudice and uphold the arbitration agreements. Dispensing with personal service is justified due to risk of evasion.

Citation
[2024] EWHC 1827 (Comm)
Parties
Claimant: Renaissance Securities (Cyprus) Limited; Defendants: Illc Chlodwig Enterprises & Others
Jurisdiction
England and Wales
Judgment Date
30 April 2024
Procedural Posture
Commercial Court Claim (anti Suit Injunction) / Return Date Hearing for Continuation and Extension of Interim Injunctions
Outcome
Claimant's applications granted.
Legal Topics
Anti Suit Injunctions, Mandatory Injunctions, Arbitration Agreements, Enforcement of Arbitration Clauses, Sanctions Compliance, Service of Process, Jurisdiction, Access to Justice
Arbitration Injunctions Sanctions Conflict of Laws Anti Suit Injunctions Mandatory Injunctions Arbitration Agreements Enforcement of Arbitration Clauses +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Renaissance Securities (Cyprus) Limited

Claimant

Illc Chlodwig Enterprises & Others

Defendants

Procedural Posture

Commercial Court Claim (anti Suit Injunction) / Return Date Hearing for Continuation and Extension of Interim Injunctions

Legal Issues

  1. 1 Whether to continue and extend anti-suit and anti-anti-suit injunctions restraining Russian proceedings in breach of English-law arbitration clauses
  2. 2 Whether to grant interim mandatory relief requiring withdrawal of Russian claims
  3. 3 Whether to dispense with personal service of orders due to risk of evasion

Ratio Decidendi

The Defendants are bound by English-law arbitration agreements requiring LCIA arbitration. Their pursuit of Russian proceedings is in clear breach of those agreements. The evidence shows a high probability of breach, urgency due to imminent Russian hearings, and risk that prohibitory orders alone are insufficient. The Defendants have failed to show good reason for adjournment or non-compliance. Interim mandatory relief requiring withdrawal of the Russian claims is necessary to prevent prejudice and uphold the arbitration agreements. Dispensing with personal service is justified due to risk of evasion.

Court Disposition

Claimant's applications granted.

Orders

  • Continuation of anti-suit and anti-anti-suit injunctions restraining the Defendants from pursuing Russian proceedings in breach of arbitration agreements.
  • Interim mandatory injunction requiring the Defendants to withdraw the Russian claims.