Egiazaryan & Anor v OJSC OEK Finance& Anor

Egiazaryan & Anor v OJSC OEK Finance& Anor

C2's tort claim, concerning loss of Konk shares and moral damages, falls within the scope of the arbitration clauses in the Konk Agreements, which are to be construed broadly. R2, as parent of R1 under Russian law, is liable to arbitrate and can be joined as a party. The claim should be remitted to the arbitrators for determination, including quantum and entitlement, as no binding factual findings or abuse of process bar exists.

Parties
Claimant: Ashot Egiazaryan; Claimant: Vitaly Gogokhiya; Respondent: OJSC OEK Finance; Respondent: The City of Moscow
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Application Under S.67 Arbitration Act 1996 / Judgment on Jurisdiction and Scope of Arbitration
Outcome
C2's tort claim against R1 and R2 falls within the arbitration clauses and is remitted to the arbitrators pursuant to s.67 of the Arbitration Act 1996.
Legal Topics
Arbitration Agreement, Jurisdiction, Non Signatory Parties, Tort Claims, Remission to Arbitrators
Arbitration Commercial Law Conflict of Laws Arbitration Agreement Jurisdiction Non Signatory Parties Tort Claims Remission to Arbitrators

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Parties

Ashot Egiazaryan

Claimant

Vitaly Gogokhiya

Claimant

OJSC OEK Finance

Respondent

The City of Moscow

Respondent

Procedural Posture

Application Under S.67 Arbitration Act 1996 / Judgment on Jurisdiction and Scope of Arbitration

Legal Issues

  1. 1 Whether the tort claim by C2 falls within the arbitration clauses
  2. 2 Whether R2 can be joined as a party to the arbitration under Russian law (Article 105)
  3. 3 Whether C2's claim should be remitted to the arbitrators or barred as an abuse of process

Ratio Decidendi

C2's tort claim, concerning loss of Konk shares and moral damages, falls within the scope of the arbitration clauses in the Konk Agreements, which are to be construed broadly. R2, as parent of R1 under Russian law, is liable to arbitrate and can be joined as a party. The claim should be remitted to the arbitrators for determination, including quantum and entitlement, as no binding factual findings or abuse of process bar exists.

Court Disposition

C2's tort claim against R1 and R2 falls within the arbitration clauses and is remitted to the arbitrators pursuant to s.67 of the Arbitration Act 1996.

Orders

  • Remit C2's tort claim, including claim for moral damages and loss of Konk shares, to the arbitrators for determination.
  • R2 is properly joined as a party to the arbitration under Russian law and English conflict rules.