Anti-suit success in restraining Russian proceedings to support English arbitration
01 Dec 2025
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Tecnimont S.p.A. and MT Russia LLC recently obtained anti-suit relief from the English Court (Butcher J) to restrain LLC EuroChem North-West-2 from pursuing Russian proceedings commenced in breach of an English arbitration agreement. LLC EuroChem North-West-2 commenced the Russian proceedings pursuant to Article 248 of the Russian Arbitration Procedural Code to restrain the English arbitration and pursue its arbitral claims before the Russian courts, following the English Court’s determination earlier this year that LLC EuroChem North-West-2 was controlled by Mr Melnichenko.
Tecnimont S.p.A. and MT Russia LLC obtained peremptory orders from the arbitral tribunal to restrain LLC EuroChem North-West-2 and then applied for assistance from the English court pursuant to s.42 of the Arbitration Act 1996. LLC EuroChem North-West-2 sought to argue that the court had no power to grant anti-suit relief pursuant to s.42, and that its director would face criminal liability in Russia if it did not pursue the Russian proceedings. Those arguments were dismissed.
It is thought to be the first case in which the English Court has granted anti-suit injunctive relief pursuant to s.42 of the Arbitration Act 1996.
Alan Maclean KC and Tom Leary acted for the successful arbitration Claimants (and for Tecnimont S.p.A in the earlier Commercial Court proceedings).
The full judgment is available here.
