Renaissance Securities (Cyprus) Limited v ILLC Chlodwig Enterprises & Ors

Renaissance Securities (Cyprus) Limited v ILLC Chlodwig Enterprises & Ors

The amendments are necessary to clarify and enforce the obligations of the Defendants to terminate Russian proceedings in breach of arbitration agreements and to prohibit steps that would undermine the intention of the English court's orders. The urgency and procedural posture justify proceeding ex parte against certain Defendants, with liberty to apply to set aside or vary.

Parties
Claimant: Renaissance Securities (Cyprus) Limited; Defendant: ILLC Chlodwig Enterprises; Defendant: ILLC Adorabella; Defendant: Gekolina Investments Ltd; Defendant: Dubhe Holdings Limited; Defendant: Owl Nebula Enterprises Limited; Defendant: Perpecia Limited
Jurisdiction
England and Wales
Judgment Date
30 September 2024
Procedural Posture
Commercial Court Application / Application for Amendment/clarification of Order
Outcome
Application granted
Legal Topics
Injunctions, Enforcement of Arbitration Agreements, Service of Process, Ex Parte Applications
Civil Procedure International Arbitration Commercial Law Injunctions Enforcement of Arbitration Agreements Service of Process Ex Parte Applications

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Parties

Renaissance Securities (Cyprus) Limited

Claimant

ILLC Chlodwig Enterprises

Defendant

ILLC Adorabella

Defendant

Gekolina Investments Ltd

Defendant

Dubhe Holdings Limited

Defendant

Owl Nebula Enterprises Limited

Defendant

Perpecia Limited

Defendant

Procedural Posture

Commercial Court Application / Application for Amendment/clarification of Order

Legal Issues

  1. 1 Whether further amendments to the order of Mr Justice Henshaw of 23 April 2024 should be granted
  2. 2 Whether prohibitory and mandatory orders should be clarified and extended to all defendants
  3. 3 Whether the application is urgent and properly on notice

Ratio Decidendi

The amendments are necessary to clarify and enforce the obligations of the Defendants to terminate Russian proceedings in breach of arbitration agreements and to prohibit steps that would undermine the intention of the English court's orders. The urgency and procedural posture justify proceeding ex parte against certain Defendants, with liberty to apply to set aside or vary.

Court Disposition

Application granted

Orders

  • Amendments to the order of Mr Justice Henshaw to clarify and expand mandatory and prohibitory obligations on all Defendants granted, subject to finalisation of terms.
  • Liberty to Adorabella and Chlodwig to apply on short notice to set aside or vary the order.