Rochester Resources Ltd & Ors v Lebedev & Anor

Rochester Resources Ltd & Ors v Lebedev & Anor

It has not been established to a high degree of probability that Mr Lebedev is bound by the arbitration clause in the Acquisition Agreement; therefore, the application for an anti-suit injunction under section 37 of the Senior Courts Act 1981 and for temporary injunctive relief under section 44(2)(e) of the Arbitration Act 1996 must fail.

Parties
Claimant: Rochester Resources Limited; Claimant: Viktor F. Vekselberg; Claimant: Leonard V. Blavatnik; Defendant: Leonid L. Lebedev; Defendant: Coral Petroleum Limited
Jurisdiction
England and Wales
Judgment Date
09 September 2014
Procedural Posture
Application for Injunction / Judgment
Outcome
Applications refused
Legal Topics
Anti Suit Injunction, Arbitration Agreement, Agency, Third Party Rights, Jurisdiction
Arbitration Contract Law Civil Procedure Anti Suit Injunction Arbitration Agreement Agency Third Party Rights Jurisdiction

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Parties

Rochester Resources Limited

Claimant

Viktor F. Vekselberg

Claimant

Leonard V. Blavatnik

Claimant

Leonid L. Lebedev

Defendant

Coral Petroleum Limited

Defendant

Procedural Posture

Application for Injunction / Judgment

Legal Issues

  1. 1 Whether Mr Lebedev is bound by the arbitration clause in the Acquisition Agreement
  2. 2 Whether Mr Vekselberg and Mr Blavatnik are bound by the arbitration clause
  3. 3 Whether an anti-suit injunction should be granted under section 37 of the Senior Courts Act 1981

Ratio Decidendi

It has not been established to a high degree of probability that Mr Lebedev is bound by the arbitration clause in the Acquisition Agreement; therefore, the application for an anti-suit injunction under section 37 of the Senior Courts Act 1981 and for temporary injunctive relief under section 44(2)(e) of the Arbitration Act 1996 must fail.

Court Disposition

Applications refused

Orders

  • Claimants' applications under section 37 of the Senior Courts Act 1981 and section 44 of the Arbitration Act 1996 for an anti-suit injunction are refused.