Google LLC & Anor v NAO Tsargard Media & Ors

Google LLC & Anor v NAO Tsargard Media & Ors

Final anti-enforcement injunctions are granted because the Russian judgments were obtained in breach of exclusive English jurisdiction clauses/arbitration agreements, Claimants did not submit to Russian jurisdiction, delay was justified and not prejudicial, enforcement proceedings outside Russia are at an early stage, and comity concerns are outweighed by the contractual rights and the penal, exorbitant nature of the Russian judgments.

Parties
Claimant: Google LLC; Claimant: Google Ireland Limited; Defendant: NAO Tsargrad Media; Defendant: NO Fond Pravoslavnogo Televideniya (NFPT); Defendant: ANO TV-Novosti
Jurisdiction
England and Wales
Judgment Date
29 January 2025
Procedural Posture
Commercial Court Claim / Final Judgment on Anti Enforcement Injunction Application
Outcome
Final anti-enforcement injunctions granted in favour of Claimants.
Legal Topics
Anti Enforcement Injunctions, Exclusive Jurisdiction Clauses, Arbitration Agreements, Comity, Delay, Submission to Jurisdiction, Sanctions Enforcement
Contract Law International Civil Procedure Conflict of Laws Anti Enforcement Injunctions Exclusive Jurisdiction Clauses Arbitration Agreements Comity Delay +2 more

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Parties

Google LLC

Claimant

Google Ireland Limited

Claimant

NAO Tsargrad Media

Defendant

NO Fond Pravoslavnogo Televideniya (NFPT)

Defendant

ANO TV-Novosti

Defendant

Procedural Posture

Commercial Court Claim / Final Judgment on Anti Enforcement Injunction Application

Legal Issues

  1. 1 Whether anti-enforcement injunctions should be granted to restrain enforcement of Russian judgments obtained in breach of exclusive jurisdiction clauses/arbitration agreements
  2. 2 Whether the YouTube jurisdiction clause is exclusive or non-exclusive
  3. 3 Whether the Claimants submitted to Russian jurisdiction

Ratio Decidendi

Final anti-enforcement injunctions are granted because the Russian judgments were obtained in breach of exclusive English jurisdiction clauses/arbitration agreements, Claimants did not submit to Russian jurisdiction, delay was justified and not prejudicial, enforcement proceedings outside Russia are at an early stage, and comity concerns are outweighed by the contractual rights and the penal, exorbitant nature of the Russian judgments.

Court Disposition

Final anti-enforcement injunctions granted in favour of Claimants.

Orders

  • Defendants restrained from seeking recognition or enforcement of Russian judgments outside Russia.
  • Ancillary anti-anti-suit injunction relief to be granted subject to further submissions.