FH Holding Moscow Limited v AO Unicredit Bank & Anor

FH Holding Moscow Limited v AO Unicredit Bank & Anor

The Moscow proceedings were not in breach of the arbitration clause in the Facility Agreement. The Mortgage Agreement, governed by Russian law, provided for enforcement and dispute resolution in the Moscow Commercial Court, including disputes about Events of Default. The parties' agreements, read together, indicated that enforcement disputes could be resolved in Moscow without prior arbitration in Vienna. Therefore, the claim for an anti-suit injunction failed.

Parties
Appellant/claimant: FH Holding Moscow Limited; Respondent/defendant: AO UniCredit Bank; Respondent/defendant: UniCredit S.p. A.
Jurisdiction
England and Wales
Judgment Date
17 April 2026
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Interpretation of Arbitration Agreements, Competing Dispute Resolution Clauses
Arbitration Contract Law Civil Procedure Anti Suit Injunctions Jurisdiction Clauses Interpretation of Arbitration Agreements Competing Dispute Resolution Clauses

Case Brief

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Parties

FH Holding Moscow Limited

Appellant/claimant

AO UniCredit Bank

Respondent/defendant

UniCredit S.p. A.

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Moscow proceedings to levy execution under a Mortgage Agreement were brought in breach of the arbitration clause in the Facility Agreement
  2. 2 Whether the English court had jurisdiction to grant an anti-suit injunction
  3. 3 Interpretation of competing dispute resolution clauses in related agreements

Ratio Decidendi

The Moscow proceedings were not in breach of the arbitration clause in the Facility Agreement. The Mortgage Agreement, governed by Russian law, provided for enforcement and dispute resolution in the Moscow Commercial Court, including disputes about Events of Default. The parties' agreements, read together, indicated that enforcement disputes could be resolved in Moscow without prior arbitration in Vienna. Therefore, the claim for an anti-suit injunction failed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Application to adduce fresh evidence refused