Emmerson International Corporation and Mikhail Abyzov v Viktor Vekselberg, Gothelia Management Limited, Integrated Energy Systems Limited - The Eastern Caribbean Supreme Court in the Court of Appeal, Territory of the Virgin Islands BVIHCMAP2021/0004 - Ruling - 6 October 2021
Country
Year
2021
Summary
Interlocutory appeal -- Anti-suit injunction -- Worldwide freezing order (WFO) -- Exercise of discretion by a judge -- Whether the judge erred by failing to find that Mr. Vekselberg has de jure or de facto control of some of the Cyprus Claimants to direct them to withdraw the Cyprus proceedings and the WFO -- Whether the judge erred by failing to find that the Cyprus proceedings are vexatious or oppressive -- Whether the judge erred by failing to find that there was sufficient overlap between the Cyprus claim and the BVI claim, that the Cyprus claim has a real or substantial connection with the BVI, and that the BVI is clearly the natural and appropriate forum for trying the Cyprus claims -- Whether Mr. Vekselberg was in breach of his assurance to the BVI court that he has not commenced and has no intention to commence any proceedings in any jurisdiction against the appellants which relate to the issues to be determined in the BVI proceedings -- Whether the judge could have granted anti-suit relief in relation to the WFO only without granting relief in respect of the Cyprus proceedings -- Whether the judge erred by declining to take into account that the Cyprus claimants committed serious and material non-disclosures in applying for and obtaining the WFO -- Whether the judge erred in not finding that the WFO was an impermissible interference with the receiver appointed by the BVI court and did not cause prejudice to the appellants -- Whether the judge was wrong not to take account of the complete absence of any provision in the WFO dealing with the extraterritorial effect of the order.