Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors

Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors

On the balance of probabilities, Mr. Chernukhin was the true joint venture partner and beneficial owner of Navigator Equities Limited, acting through Mrs. Danilina as nominee/agent, and Mr. Deripaska knew this. The SHA did not preclude enforcement by a disclosed principal. No binding oral agreement for division of assets was reached in 2007. The arbitration tribunal had jurisdiction and there was no serious irregularity.

Parties
Claimant: Filatona Trading Limited; Claimant: Oleg Vladimirovich Deripaska; Defendant: Navigator Equities Limited; Defendant: Vladimir Anatolevich Chernukhin; Defendant: Navio Holdings Limited; Claimant: Lolita Vladimirovna Danilina; Defendant: Vadim Kargin
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Commercial Court Judgment / Final Judgment
Outcome
Claims and challenges dismissed
Legal Topics
Agency, Shareholder Agreements, Nominee Arrangements, Arbitration Jurisdiction, Trust Protector Duties, Contractual Estoppel
Commercial Law Arbitration Trusts and Equity Agency Shareholder Agreements Nominee Arrangements Arbitration Jurisdiction Trust Protector Duties +1 more

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Parties

Filatona Trading Limited

Claimant

Oleg Vladimirovich Deripaska

Claimant

Navigator Equities Limited

Defendant

Vladimir Anatolevich Chernukhin

Defendant

Navio Holdings Limited

Defendant

Lolita Vladimirovna Danilina

Claimant

Vadim Kargin

Defendant

Procedural Posture

Commercial Court Judgment / Final Judgment

Legal Issues

  1. 1 Whether Mr. Chernukhin was the true party to the SHA as a disclosed principal of Mrs. Danilina
  2. 2 Whether Mrs. Danilina was party to the SHA and Mr. Chernukhin was not
  3. 3 Whether a binding oral agreement for division of assets was reached in 2007

Ratio Decidendi

On the balance of probabilities, Mr. Chernukhin was the true joint venture partner and beneficial owner of Navigator Equities Limited, acting through Mrs. Danilina as nominee/agent, and Mr. Deripaska knew this. The SHA did not preclude enforcement by a disclosed principal. No binding oral agreement for division of assets was reached in 2007. The arbitration tribunal had jurisdiction and there was no serious irregularity.

Court Disposition

Claims and challenges dismissed

Orders

  • Mr. Deripaska’s section 67 challenge to arbitration tribunal jurisdiction dismissed
  • Mrs. Danilina’s claim for breach of alleged 2007 agreement dismissed