VTB Commodities Trading DAC v JSC Antipinsky Refinery & Ors

VTB Commodities Trading DAC v JSC Antipinsky Refinery & Ors

VTB is not a defendant for purposes of CPR Part 20; the court has no jurisdiction to permit Part 20 claims against Sberbank and MachinoImport. Even if jurisdiction existed, discretion would not be exercised due to limited overlap, procedural context, and Russia being the forum conveniens.

Parties
Claimant: VTB Commodities Trading DAC; Defendant: JSC Antipinsky Refinery; Intervenor: Petraco Oil Company SA; Third Party: Sberbank of Russia; Fourth Party: JSC VO MachinoImport
Jurisdiction
England and Wales
Judgment Date
02 July 2021
Procedural Posture
Arbitration Claim / Jurisdiction Challenge
Outcome
Jurisdiction challenge succeeds; Part 20 claims against Sberbank and MachinoImport not permitted.
Legal Topics
Worldwide Freezing Order, Mandatory Injunction, Cross Undertaking in Damages, Jurisdiction, Forum Conveniens, Conspiracy, Breach of Contract, Tortious Interference
Arbitration Commercial Law Civil Procedure Worldwide Freezing Order Mandatory Injunction Cross Undertaking in Damages Jurisdiction Forum Conveniens +3 more

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Parties

VTB Commodities Trading DAC

Claimant

JSC Antipinsky Refinery

Defendant

Petraco Oil Company SA

Intervenor

Sberbank of Russia

Third Party

JSC VO MachinoImport

Fourth Party

Procedural Posture

Arbitration Claim / Jurisdiction Challenge

Legal Issues

  1. 1 Whether VTB is a defendant for purposes of CPR Part 20
  2. 2 Jurisdiction to bring Part 20 claims against Sberbank and MachinoImport
  3. 3 Discretion to permit Part 20 proceedings in arbitration claims

Ratio Decidendi

VTB is not a defendant for purposes of CPR Part 20; the court has no jurisdiction to permit Part 20 claims against Sberbank and MachinoImport. Even if jurisdiction existed, discretion would not be exercised due to limited overlap, procedural context, and Russia being the forum conveniens.

Court Disposition

Jurisdiction challenge succeeds; Part 20 claims against Sberbank and MachinoImport not permitted.

Orders

  • Application to set aside order permitting Part 20 claims granted.
  • No permission to serve Part 20 claims out of jurisdiction.