Open Joint Stock Company Alfa-Bank v Georgy Trefilov

Open Joint Stock Company Alfa-Bank v Georgy Trefilov

The defendant had notice of the Russian proceedings, was served in accordance with the agreed method and Russian law, had opportunity to defend and appeal, and failed to raise the alleged defences or fraud in the Russian or Austrian proceedings. The assertion of fraud is fanciful and unsupported. There is no real prospect of successfully resisting enforcement or compelling reason for trial. Summary judgment is granted for the claimant.

Parties
Claimant: OPEN JOINT STOCK COMPANY ALFA-BANK; Defendant: GEORGY TREFILOV
Jurisdiction
England and Wales
Judgment Date
04 June 2014
Procedural Posture
Commercial Enforcement of Foreign Judgment / Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Enforcement of Foreign Judgments, Natural Justice, Summary Judgment, Fraud Exception, Personal Guarantees
Conflict of Laws Commercial Law Banking Law Enforcement of Foreign Judgments Natural Justice Summary Judgment Fraud Exception Personal Guarantees

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Parties

OPEN JOINT STOCK COMPANY ALFA-BANK

Claimant

GEORGY TREFILOV

Defendant

Procedural Posture

Commercial Enforcement of Foreign Judgment / Summary Judgment Application

Legal Issues

  1. 1 Whether the Russian judgment should be enforced in England
  2. 2 Whether the Russian proceedings violated natural justice
  3. 3 Whether there is a compelling reason for trial to investigate alleged fraud in obtaining the Russian judgment

Ratio Decidendi

The defendant had notice of the Russian proceedings, was served in accordance with the agreed method and Russian law, had opportunity to defend and appeal, and failed to raise the alleged defences or fraud in the Russian or Austrian proceedings. The assertion of fraud is fanciful and unsupported. There is no real prospect of successfully resisting enforcement or compelling reason for trial. Summary judgment is granted for the claimant.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Judgment for 368,270,686.83 Roubles plus statutory interest from 29 May 2009 to judgment date at the Russian Central Bank rate
  • No order for contractual interest