VTB Commodities Trading DAC -v- JSC Antipinsky Refinery & Ors [2021] EWHC 1758 – 4 August 2021 (Clare Ambrose sitting as a Deputy Judge of the High Court)

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In an ownership dispute, VTB (against the usual Undertaking) had obtained an injunction against a refinery in Russia for delivery of a cargo. Petraco, claiming title, challenged the injunction, following which the cargo was sold and proceeds paid into Court, which ordered an expedited trial as to ownership/ rights.  In that action, Petraco applied to enforce VTB’s Undertaking in damages and VTB sought to join third parties related to the refinery, pursuant to CPR Pt. 20. The Court ruled that VTB remained in the position of claimant and the Court had no jurisdiction to order the joining of third parties under Pt.20. VTB would have to pursue those claims in Russia.

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London Arbitration 19/21