FH Holding Moscow Ltd v AO Unicredit Bank & Anor

Rupert D'Cruz KC and Emile Simpson (instructed by Branch Austin McCormick LLP) for the Applicant/Claimant Louise Hutton KC (instructed by Allen Overy Shearman Sterling LLP) for the Respondents/Defendants Hearing date: 13 November 2025 Draft judgment circulated to parties: 21 November 2025 ____________________

i) the Claimant's application under section 37 of the Senior Courts Act 1981 (" SCA 1981 ") dated 5 August 2025 for an anti-suit injunction (" ASI ") restraining the First and Second Defendants/Respondents (to whom I shall refer as " AO " and " SPA " respectively) from:-

ii) AO's application dated 10 September 2025 for a declaration pursuant to CPR Part 11 that the English court has no jurisdiction to hear the claim against it, alternatively that it should not exercise any jurisdiction that it may have (" AO's Jurisdiction Application "); and

iii) SPA's application dated 10 September 2025 for an order pursuant to CPR Part 24 that the claim against it be summarily dismissed (" SPA's Summary Judgment Application ").

i) I am not persuaded that there is a high probability, or a high degree of assurance, that the Moscow proceedings are in breach of the Arbitration Agreement;