Ziyavudin Magomedov & Ors v PJSC Transneft & Ors

Ziyavudin Magomedov & Ors v PJSC Transneft & Ors

The court has power to grant an interim AASI and AEI pending determination of the jurisdictional challenge, even though it has not yet decided whether England is the natural forum, where to refuse relief would expose the claimants to disproportionate penalties and stymie the English court's ability to determine its own jurisdiction. The claimants failed in their duty of full and frank disclosure, but this did not warrant setting aside the injunction given the disproportionate consequences and the interests of justice.

Parties
Claimant: Ziyavudin Magomedov; Claimant: Port-Petrovsk Limited; Defendant: PJSC Transneft
Jurisdiction
England and Wales
Judgment Date
21 May 2024
Procedural Posture
Commercial Court Civil Claim / Interlocutory Application for Continuation of Anti Anti Suit Injunction (aasi), Anti Enforcement Injunction (aei), and Anti Reliance Injunction (ari) Pending Jurisdictional Challenge
Outcome
AASI and AEI continued on interim basis; ARI refused; costs reserved for further submissions
Legal Topics
Anti Suit Injunctions, Anti Anti Suit Injunctions, Jurisdictional Challenges, Comity, Sanctions, Disclosure Obligations
Private International Law Civil Procedure Injunctions Anti Suit Injunctions Anti Anti Suit Injunctions Jurisdictional Challenges Comity Sanctions +1 more

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Parties

Ziyavudin Magomedov

Claimant

Port-Petrovsk Limited

Claimant

PJSC Transneft

Defendant

Procedural Posture

Commercial Court Civil Claim / Interlocutory Application for Continuation of Anti Anti Suit Injunction (aasi), Anti Enforcement Injunction (aei), and Anti Reliance Injunction (ari) Pending Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court should continue an anti-anti-suit injunction (AASI) against enforcement of Russian anti-suit injunctions pending a jurisdictional challenge
  2. 2 Whether an anti-enforcement injunction (AEI) should be granted to prevent enforcement of Russian monetary penalties
  3. 3 Whether the claimants failed in their duty of full and frank disclosure when obtaining the original injunction without notice

Ratio Decidendi

The court has power to grant an interim AASI and AEI pending determination of the jurisdictional challenge, even though it has not yet decided whether England is the natural forum, where to refuse relief would expose the claimants to disproportionate penalties and stymie the English court's ability to determine its own jurisdiction. The claimants failed in their duty of full and frank disclosure, but this did not warrant setting aside the injunction given the disproportionate consequences and the interests of justice.

Court Disposition

AASI and AEI continued on interim basis; ARI refused; costs reserved for further submissions

Orders

  • The anti-anti-suit injunction (AASI) granted by Foxton J on 21 February 2024 is continued on an interim basis until determination of the Transneft Jurisdictional Challenge or further order.
  • An anti-enforcement injunction (AEI) is granted on an interim basis, restraining Transneft from enforcing the Russian ASI monetary penalties until determination of the jurisdictional challenge or further order.