Renaissance Securities (Cyprus) Limited v ILLC Chlodwig Enterprises & Ors
The Defendants are bound by arbitration clauses requiring LCIA arbitration in London; their pursuit of Russian proceedings is in clear breach. Prohibitory and mandatory anti-suit injunctions are necessary and justified due to ongoing breaches, risk of prejudice, and risk of evasion of service. Adjournment is refused as Defendants had ample opportunity to secure representation and failed to justify delay. Dispensation with personal service is warranted due to risk of deliberate evasion.
- Parties
- Claimant: Renaissance Securities (Cyprus) Limited; Defendants: Illc Chlodwig Enterprises & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 23 July 2024
- Procedural Posture
- Commercial / Interlocutory Application for Continuation of Anti Suit and Anti Anti Suit Injunctions and Interim Mandatory Anti Suit Relief
- Outcome
- Application granted
- Legal Topics
- Anti Suit Injunctions, Arbitration Agreements, Enforcement of Arbitration Clauses, Sanctions Compliance, Service of Process, Mandatory Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
Renaissance Securities (Cyprus) Limited
Claimant
Illc Chlodwig Enterprises & Others
Defendants
Procedural Posture
Commercial / Interlocutory Application for Continuation of Anti Suit and Anti Anti Suit Injunctions and Interim Mandatory Anti Suit Relief
Legal Issues
- 1 Whether the Defendants are in breach of arbitration agreements by pursuing Russian proceedings
- 2 Whether prohibitory and mandatory anti-suit injunctions should be continued/granted
- 3 Whether personal service should be dispensed with due to risk of evasion
Ratio Decidendi
The Defendants are bound by arbitration clauses requiring LCIA arbitration in London; their pursuit of Russian proceedings is in clear breach. Prohibitory and mandatory anti-suit injunctions are necessary and justified due to ongoing breaches, risk of prejudice, and risk of evasion of service. Adjournment is refused as Defendants had ample opportunity to secure representation and failed to justify delay. Dispensation with personal service is warranted due to risk of deliberate evasion.
Court Disposition
Application granted
Orders
- Continuation of prohibitory anti-suit and anti-anti-suit injunctions against the Defendants
- Interim mandatory anti-suit injunction requiring Defendants to withdraw Russian proceedings
Full Case Text
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