September 7, 2023

Deutsche Bank AG -v- Ruschemalliance LLC (privacy order)

Business and Property Courts Commercial Court Court of Appeal Civil Division Privacy Order

Case Number: CA-2023-001697

In the Court of Appeal
On Appeal From Business and Property Courts
Commercial Court

7 September 2023

Before:
Lord Justice Nugee
Lord Justice Snowden
Lady Justice Falk
In Private

Between:
Deutsche Bank AG
-v-
Ruschemalliance LLC

Order

PENAL NOTICE NOTICE TO THE DEFENDANT:
If you the within-named RusChemAlliance LLC do not comply with this order you may be held to be in contempt of court and you may be fined, or your assets may be seized.

NOTICE TO OTHER PERSONS:

Any other person who knows of this Order and does anything which helps or permits the Defendant to breach the terms of this Order may also be held to be in contempt of Court and may be imprisoned, fined or have their assets seized.

UPON a claim by Deutsche Bank AG (the “Claimant”) by Arbitration Claim Form dated 15 August 2023 seeking interim injunctive relief

AND UPON the Claimant by Application Notice dated 16 August 2023 seeking an interim anti-suit injunction and interim anti-enforcement injunction, under section 44(2)(e) of the Arbitration Act 1996, alternatively under section 37 of the Senior Courts Act 1981, permission to serve the Arbitration Claim Form and other documents out of the jurisdiction and ancillary orders for service by alternative method and to expedite the determination of these claims (the “Application”)

AND UPON the order of Mr Justice Bright dated 21 August 2023 (the “21 August Order”) dismissing the Application and granting permission to appeal the 21 August Order

AND UPON the Claimant by Appellant’s Notice dated 30 August 2023 (“Appellant’s Notice”) appealing the order of Mr Justice Bright dated 21 August 2023 (the “Appeal”)

AND UPON the Claimant’s applications by section 10 of the Appellant’s Notice for: (i) the appeal to be expedited and heard by 8 September 2023; (ii) the appeal to be heard in private and to be confidential; and (iii) permission to rely on the second letter of Professor Claude Brenner dated 28 August 2023 and the legal opinion of Professor Louis D’Avout dated 29 August 2023 as further evidence of French law in relation to anti-suit injunctions

AND UPON the order of Lady Justice Falk dated 31 August 2023 that: (i) the appeal be expedited and heard by 8 September 2023; and (ii) the proceedings are to be heard without notice to the Respondent, in private and are confidential

UPON HEARING Leading Counsel, Paul Key K.C., for the Claimant

UPON Leading Counsel for the Claimant stating to the Court of Appeal that the Claimant would not, in the Appeal, pursue ground 4 of the grounds upon which permission to appeal was granted

UPON THE COURT having read the witness statement of Viktor Gerbutov dated 15 August 2023, the witness statement of Philip Annett dated 16 August 2023, the letter of Professor Claude Brenner dated 18 August 2023, the second witness statement of Philip Annett dated 18 August 2023, the second letter of Professor Claude Brenner dated 28 August 2023, the legal opinion of Professor Louis D’Avout dated 29 August 2023, the third witness statement of Philip Annett dated
30 August 2023 and the fourth witness statement of Philip Annett dated 1 September 2023

AND ON THE CLAIMANT by its counsel for this purpose giving the undertakings set out in Schedule A

IT IS ORDERED THAT:

1 The Appeal is to be heard in private pursuant to CPR 39.2(3)(a) & (g). Pursuant to CPR 39.2(5) a copy of this Order shall be published on the website of the Judiciary of England and Wales but not until the Court has been notified that the Order has been served.

2 The proceedings and this Order are confidential until service of the Order is effected in accordance with paragraph 8 of this Order.

3 The Claimant has permission to rely on the second letter of Professor Claude Brenner dated 28 August 2023 and the legal opinion of Professor Louis D’Avout dated 29 August 2023 as further evidence of French law.

4 Paragraph 2 of the Order of Mr Justice Bright dated 21 August 2023 is set aside.

5 There will be a further hearing before a Judge in the Commercial Court, with a time estimate of two hours, in respect of this Order on 6 October 2023 or the earliest subsequent date that the Commercial Court can accommodate (the “Return Date”).

6 The Defendant shall not until the Return Date, whether by its directors, officers, employees or agents or in any other way:

6.1 take any further steps in the proceedings before the Arbitrazh Court of Saint Petersburg and Leningrad Region Case No. A56-60809/2023 (the “Russian Proceedings”); or

6.2 commence and/or pursue any claim or proceedings in any court or tribunal arising out of or in connection with the Guarantee dated 24 September 2021 (the “Guarantee”), other than:

6.2.1 the arbitration in Paris commenced by the Claimant on 14 August 2023; and/or

6.2.2 any proceedings in the courts of France in relation to that arbitration; and/or

6.2.3 any applications or claims made in these current English proceedings with claim number CL-2023-000463.

6.3 execute, or seek to execute, in the Russian Federation any judgment and/or order obtained in the Russian Proceedings or other proceedings contrary to this order.

7 Any steps taken by the Defendant, if advised, to obtain a stay of or to withdraw the Russian Proceedings will not be restrained by paragraph 6.

8 The Claimant has permission under CPR 6.36, CPR 6B PD 3.1(6)(c) and CPR 6.37 to serve the documents listed in Schedule B and this Order on the Defendant out of the jurisdiction and permission under CPR 6.15 to effect such service out of the jurisdiction by alternative method as follows:

8.1 courier to:

8.1.1 RusChemAlliance LLC, Mr Kirill Seleznev, Mr Sergey Lapyrenok, Mr Rinat Karimov, Mr Vitaly Tarasyuk, Room 306, floor 3, 18A, Vorovskogo str., Kingisepp 188480, Leningrad Region, Russian Federation;

8.1.2 RusChemAlliance LLC, Mr Kirill Seleznev, 12 Shkipersky Protok, Building 2, Block 1, Saint Petersburg, 199106 Russian Federation; and

8.1.3 Karim Rafisovich Fayzrakhmanov, 12 Shkipersky Protok, Building 2, Block 1, Saint Petersburg, 199106 Russian Federation.

8.2 email to k.seleznev@baltlng.ru, s.lapyrenok@baltlng.ru, r.karimov@baltlng.ru, v.tarasuk@baltlng.ru, office@baltlng.ru and karim@forwardlegal.com.

9 The Defendant has:

9.1 21 days after the service of the Arbitration Claim Form to file an acknowledgment of service or admission under CPR 10 and/or CPR 14; or

9.2 35 days after service of the Arbitration Claim Form to file a defence if it files an acknowledgment of service in accordance with CPR 10, indicating an intention to defend part or all of these proceedings.

10 The Claimant’s costs of the Application and the Appeal are reserved to the Commercial Court Judge hearing the matter on the Return Date.

11 Anyone served with or notified of this order may apply to the Commercial Court at any time to vary or discharge this order (or so much of it as affects that person), but they must first inform the Claimant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance.

SCHEDULE A — UNDERTAKINGS GIVEN TO THE COURT BY THE CLAIMANT

1 If the Court later finds that this Order has caused loss to the Defendant, and decides that the Defendant should be compensated for that loss, the Claimant will comply with any order the Court may make.

2 The Claimant will serve the documents in Schedule B on the Defendant as soon as possible by the following means:

2.1 courier to:

2.1.1 RusChemAlliance LLC, Mr Kirill Seleznev, Mr Sergey Lapyrenok, Mr Rinat Karimov, Mr Vitaly Tarasyuk, Room 306, floor 3, 18A, Vorovskogo str. Kingisepp 188480, Leningrad Region, Russian Federation; and

2.1.2 RusChemAlliance LLC, Mr Kirill Seleznev, 12 Shkipersky Protok, Building 2, Block 1, Saint Petersburg, 199106 Russian Federation; and

2.1.3 Karim Rafisovich Fayzrakhmanov, 12 Shkipersky Protok, Building 2, Block 1, Saint Petersburg, 199106 Russian Federation.

2.2 email to k.seleznev@baltlng.ru, s.lapyrenok@baltlng.ru, r.karimov@baltlng.ru; v.tarasuk@baltlng.ru, office@baltlng.ru, and karim@forwardlegal.com.

3 The Claimant will obtain and file with the Court the necessary statements of compliance from Professor Claude Brenner and Professor Louis D’Avout in accordance with their duties as experts under CPR 35 and PD 35.

4 The Claimant will notify the Court when service of the Order has been effected in accordance with paragraph 8.

5 The Claimant will issue an application notice for the Return Date.

6 Anyone notified of this Order will be given a copy of it by the Claimant’s legal representatives.

SCHEDULE B — DOCUMENTS TO BE SERVED ON THE DEFENDANT

1 The Claimant will serve upon the Defendant together with this Order as soon as practicable —

1.1 the Arbitration Claim Form;

1.2 the Response Pack;

1.3 the Application Notice dated 16 August 2023;

1.4 the Witness Statement of Viktor Gerbutov dated 15 August 2023;

1.5 Exhibit VG-1 dated 15 August 2023;

1.6 the Witness Statement of Philip Annett dated 16 August 2023;

1.7 Exhibit PA-1 dated 16 August 2023;

1.8 the Second Witness Statement of Philip Annett dated 18 August 2023;

1.9 Exhibit PA-2 dated 18 August 2023;

1.10 the Skeleton Argument dated 16 August 2023;

1.11 the Authorities Bundle dated 16 August 2023;

1.12 the Addendum to the Authorities Bundle dated 18 August 2023;

1.13 the Note of the Hearing in the Commercial Court on 17 & 18 August 2023;

1.14 the Skeleton Argument for Permission to Appeal dated 21 August 2023;

1.15 the Sealed Order of Mr. Justice Bright dated 21 August 2023;

1.16 the Judgment of Mr. Justice Bright dated 21 August 2023;

1.17 the Sealed Appellant’s Notice and Grounds of Appeal dated 30 August 2023;

1.18 the Third Witness Statement of Philip Annett dated 30 August 2023;

1.19 Exhibit PA-3 dated 30 August 2023;

1.20 the Order of Lady Justice Falk dated 31 August 2023;

1.21 the Skeleton Argument for the Appeal dated 1 September 2023;

1.22 the Chronology of Relevant Events dated 1 September 2023;

1.23 the Fourth Witness Statement of Philip Annett dated 1 September 2023;

1.24 Exhibit PA-4;

1.25 the Core Bundle, the Supplementary Bundle, the Authorities Bundle and the Supplementary Authorities Bundle;

1.26 the Note of the Hearing in the Court of Appeal on 7 September 2023; and

1.27 the Approved Note of Brief Reasons for the Ruling in this Appeal.

2 The Claimant will serve on the Defendant as soon as available:

2.1 the Transcript of the Hearing in the Commercial Court on 17 & 18 August 2023;

2.2 the Transcript of the Hearing in the Court of Appeal on 7 September 2023; and

2.3 any Written Judgment of the Court of Appeal made in this Appeal.

BY THE COURT