Magomedov & Ors v PJSC Transneft & Ors [2024] EWHC 1176 (Comm) (21 May 2024)

Magomedov & Ors v PJSC Transneft & Ors [2024] EWHC 1176 (Comm) (21 May 2024)

The court held that it is appropriate in principle to continue the interim anti-anti-suit injunction (AASI) against Transneft until the determination of the jurisdictional challenge. The natural forum requirement does not preclude interim AASI relief in circumstances where the foreign ASI is intended to prevent the English court from deciding its own jurisdiction. The Claimants did not breach their duty of full and frank disclosure. However, the court declined to grant the additional anti-enforcement and anti-reliance injunctions (AEI/ARI) sought by the Claimants.

Citation
[2024] EWHC 1176 (Comm)
Parties
Claimant: Ziyavudin Magomedov; Claimant: Port-Petrovsk Limited; Defendant: PJSC Transneft
Jurisdiction
England and Wales
Judgment Date
21 May 2024
Procedural Posture
Commercial Court Proceedings (anti Anti Suit Injunction, Anti Enforcement Injunction, Anti Reliance Injunction) / Interim Application for Continuation of Anti Anti Suit Injunction and for Additional Relief Pending Jurisdictional Challenge
Outcome
Interim anti-anti-suit injunction continued until determination of jurisdictional challenge; application for additional anti-enforcement and anti-reliance injunctions refused.
Legal Topics
Anti Suit Injunctions, Anti Anti Suit Injunctions, Jurisdictional Challenges, Comity, Sanctions, Access to Justice, Forum Non Conveniens
Private International Law Civil Procedure Commercial Law Anti Suit Injunctions Anti Anti Suit Injunctions Jurisdictional Challenges Comity Sanctions +2 more

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Parties

Ziyavudin Magomedov

Claimant

Port-Petrovsk Limited

Claimant

PJSC Transneft

Defendant

Procedural Posture

Commercial Court Proceedings (anti Anti Suit Injunction, Anti Enforcement Injunction, Anti Reliance Injunction) / Interim Application for Continuation of Anti Anti Suit Injunction and for Additional Relief Pending Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court should continue an anti-anti-suit injunction (AASI) against Transneft pending determination of jurisdictional challenge
  2. 2 Whether the court should grant additional anti-enforcement and anti-reliance injunctions (AEI/ARI)
  3. 3 Whether the natural forum requirement applies to interim AASI relief

Ratio Decidendi

The court held that it is appropriate in principle to continue the interim anti-anti-suit injunction (AASI) against Transneft until the determination of the jurisdictional challenge. The natural forum requirement does not preclude interim AASI relief in circumstances where the foreign ASI is intended to prevent the English court from deciding its own jurisdiction. The Claimants did not breach their duty of full and frank disclosure. However, the court declined to grant the additional anti-enforcement and anti-reliance injunctions (AEI/ARI) sought by the Claimants.

Court Disposition

Interim anti-anti-suit injunction continued until determination of jurisdictional challenge; application for additional anti-enforcement and anti-reliance injunctions refused.

Orders

  • Continuation of interim anti-anti-suit injunction against Transneft until the hearing and determination of the jurisdictional challenge or further order.
  • Refusal of additional anti-enforcement and anti-reliance injunctions.