Unicredit Bank GmbH v Ruschemalliance LLC [2025] EWCA Civ 99 (11 February 2025)

Unicredit Bank GmbH v Ruschemalliance LLC [2025] EWCA Civ 99 (11 February 2025)

The Court of Appeal has power under CPR Part 3.1(7) to vary or revoke a final anti-suit injunction in exceptional circumstances. UniCredit, acting in its own commercial interests and under significant risk of penalty from the Russian court, is entitled to seek revocation. Public policy concerns do not outweigh the injustice of forcing UniCredit to risk massive penalties. The injunctive parts of the CA's Order should be discharged, leaving jurisdictional declarations intact.

Citation
[2025] EWCA Civ 99
Parties
Claimant/applicant/appellant: UniCredit Bank GmbH; Defendant/respondent: RusChemAlliance LLC; Advocate to the Court: Thomas Sebastian
Jurisdiction
England and Wales
Judgment Date
11 February 2025
Procedural Posture
Appeal / Application to Revoke or Vary Final Anti Suit Injunction
Outcome
application allowed
Legal Topics
Anti Suit Injunctions, Jurisdiction, Arbitration Agreements, Public Policy, Sanctions
Commercial Law Arbitration International Law Anti Suit Injunctions Jurisdiction Arbitration Agreements Public Policy Sanctions

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Parties

UniCredit Bank GmbH

Claimant/applicant/appellant

RusChemAlliance LLC

Defendant/respondent

Thomas Sebastian

Advocate to the Court

Procedural Posture

Appeal / Application to Revoke or Vary Final Anti Suit Injunction

Legal Issues

  1. 1 Whether the Court of Appeal has power to revoke or vary a final anti-suit injunction under CPR Part 3.1(7)
  2. 2 Whether UniCredit is at risk of penalty under Russian court orders if the injunction remains
  3. 3 Whether coercion or duress in making the application affects the exercise of discretion

Ratio Decidendi

The Court of Appeal has power under CPR Part 3.1(7) to vary or revoke a final anti-suit injunction in exceptional circumstances. UniCredit, acting in its own commercial interests and under significant risk of penalty from the Russian court, is entitled to seek revocation. Public policy concerns do not outweigh the injustice of forcing UniCredit to risk massive penalties. The injunctive parts of the CA's Order should be discharged, leaving jurisdictional declarations intact.

Court Disposition

application allowed

Orders

  • The injunctive parts of the CA's Order at paragraphs [8]-[11] are discharged.
  • Declaratory parts of the CA's Order as to jurisdiction remain in force.