FH Holding Moscow Limited v AO Unicredit Bank & Anor

FH Holding Moscow Limited v AO Unicredit Bank & Anor

The Moscow proceedings are not in breach of the Arbitration Agreement; the dispute falls within the Mortgage Agreement jurisdiction clause. The English court lacks jurisdiction over AO as the Arbitration Agreement is governed by Austrian law, not English law. SPA's summary judgment is granted as there is no realistic prospect of success against it. The anti-suit injunction is refused both on contractual and vexatious/oppressive grounds due to lack of sufficient English interest and comity concerns.

Parties
Applicant/claimant: FH Holding Moscow Limited; Respondent/defendant: AO UniCredit Bank; Respondent/defendant: UniCredit S.p.A.
Jurisdiction
England and Wales
Judgment Date
25 November 2025
Procedural Posture
Commercial Court Application / Judgment on Anti Suit Injunction, Summary Judgment, and Jurisdiction Challenge
Outcome
Claimant's application for anti-suit injunction refused; summary judgment granted in favour of SPA; AO's jurisdiction challenge succeeds.
Legal Topics
Anti Suit Injunctions, Jurisdiction, Arbitration Agreements, Sanctions, Contract Interpretation
International Commercial Law Arbitration Banking Law Anti Suit Injunctions Jurisdiction Arbitration Agreements Sanctions Contract Interpretation

Case Brief

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Parties

FH Holding Moscow Limited

Applicant/claimant

AO UniCredit Bank

Respondent/defendant

UniCredit S.p.A.

Respondent/defendant

Procedural Posture

Commercial Court Application / Judgment on Anti Suit Injunction, Summary Judgment, and Jurisdiction Challenge

Legal Issues

  1. 1 Whether Moscow proceedings breach the Arbitration Agreement
  2. 2 Whether anti-suit injunction should be granted on contractual or vexatious/oppressive grounds
  3. 3 Jurisdiction of English court over AO UniCredit Bank

Ratio Decidendi

The Moscow proceedings are not in breach of the Arbitration Agreement; the dispute falls within the Mortgage Agreement jurisdiction clause. The English court lacks jurisdiction over AO as the Arbitration Agreement is governed by Austrian law, not English law. SPA's summary judgment is granted as there is no realistic prospect of success against it. The anti-suit injunction is refused both on contractual and vexatious/oppressive grounds due to lack of sufficient English interest and comity concerns.

Court Disposition

Claimant's application for anti-suit injunction refused; summary judgment granted in favour of SPA; AO's jurisdiction challenge succeeds.

Orders

  • Anti-suit injunction refused
  • Summary judgment granted for UniCredit S.p.A.