Emmerson International Corporation and Mikhail Abyzov v Viktor Vekselberg - Eastern Caribbean Supreme Court in the Court of Appeal, Territory of the Virgin Islands BVIHCMAP2020/0011 (Claim No: BVIHC (COM) 2013/0160) - Ruling - 8 October 2021
Country
Year
2021
Summary
Interlocutory appeal - Commercial appeal - Interim injunction - Worldwide anti-suit injunctions -Discretion of judge to grant anti-suit injunctions - Vexatious and oppressive proceedings - Appellate court's review of trial judge's exercise of discretion - Whether learned judge applied wrong test for worldwide anti-suit injunction - Whether learned judge erred in considering that principles for antisuit injunctions militated against granting a worldwide anti-suit injunction - Whether learned judge erred in finding no sufficient evidence of bad faith - Assessment of evidence - Whether learned judge erred in assessment of evidence and failed to give reasons for decision - Application to admit fresh evidence - Test for admitting fresh evidence.