VTB Bank PJSC v Mejlumyan

VTB Bank PJSC v Mejlumyan

There was a binding and applicable arbitration agreement covering the dispute. The Armenian proceedings were brought in breach of that agreement. Delay by VTB was not significant or prejudicial, the service of a defence did not amount to submission to the Armenian court, and there was no conduct barring relief. No strong reasons were shown to refuse the injunction. The anti-suit injunction should be granted.

Parties
Claimant: VTB Bank PJSC; Defendant: Valeri Dzhanibekovich Mejlumyan
Jurisdiction
England and Wales
Judgment Date
25 May 2021
Procedural Posture
Arbitration Claim / Application for Anti Suit Injunction / Judgment on Application for Anti Suit Injunction
Outcome
Anti-suit injunction granted
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction, Delay, Submission to Foreign Court, Discretionary Remedies
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Arbitration Agreements Jurisdiction Delay Submission to Foreign Court +1 more

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Parties

VTB Bank PJSC

Claimant

Valeri Dzhanibekovich Mejlumyan

Defendant

Procedural Posture

Arbitration Claim / Application for Anti Suit Injunction / Judgment on Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether an anti-suit injunction should be granted to restrain foreign proceedings in breach of an arbitration agreement
  2. 2 Whether delay, submission to the foreign court, or other discretionary factors bar relief

Ratio Decidendi

There was a binding and applicable arbitration agreement covering the dispute. The Armenian proceedings were brought in breach of that agreement. Delay by VTB was not significant or prejudicial, the service of a defence did not amount to submission to the Armenian court, and there was no conduct barring relief. No strong reasons were shown to refuse the injunction. The anti-suit injunction should be granted.

Court Disposition

Anti-suit injunction granted

Orders

  • Mr Mejlumyan is restrained from pursuing the Termination Proceedings in Armenia in breach of the arbitration agreement.