Tecnimont S.p.A. & anr (claimants/respondents) v LLC EuroChem North-West-2 (defendant/appellant)
Thursday 18 December 2025
By Appellant’s Notice filed on 2 December 2025, the Appellant (Defendant below) LLC EuroChem North-West 2, appeal the decision of Mr Justice Butcher, sitting as a Judge of the High Court, sitting in the Commercial Court, judgment being delivered on 21 November 2025.
The case concerned an application by Tecnimont S.p.A and MT Russia LLC to enforce peremptory orders issued by a London-seated ICC arbitral tribunal against LLC EuroChem North-West-2 (NW2). The underlying dispute arose from EPC contracts for the construction of a fertiliser plant in Russia, which contained arbitration clauses providing for London arbitration under ICC Rules and English law. Following the imposition of EU sanctions on Russia and on Mr Melnichenko, who controls NW2, the claimants suspended performance, leading NW2 to terminate the contracts and commence counterclaims in arbitration. While the arbitration was ongoing, NW2 initiated parallel proceedings in Russia, including actions replicating its arbitral counterclaims and applications seeking to restrain the claimants from continuing the arbitration. The tribunal issued several peremptory orders requiring NW2 to withdraw those Russian proceedings and anti-arbitration applications, but NW2 failed to comply, prompting the claimants to seek enforcement under section 42 of the Arbitration Act 1996.
The judge granted the injunction sought under section 42, requiring NW2 to comply with the tribunal’s peremptory orders by withdrawing the Russian proceedings and related applications.
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