LLC EuroChem North-West-2 v Tecnimont SpA & Anor

HIS HONOUR JUDGE PELLING KC SITTING AS A JUDGE OF THE HIGH COURT ____________________

Roger Stewart KC, Hugh Mercer KC and George McDonald (instructed by Vinson & Elkins LLP) for the Claimant Michael McLaren KC, Robin L��f and Christopher Knowles (instructed by Curtis, Mallet-Prevost, Colt & Mosle LLP) for the Defendants Hearing date: 29 September 2022 ____________________

i) whether the ASI should continue and if so on what terms, or be discharged on its merits ("Merits Issue");

ii) whether the ASI should be discharged by reason of Eurochem's alleged failure to give full and frank disclosure at the without notice hearing before Butcher J ("Disclosure Issue"); and

iii) Assuming that the ASI should continue on its existing terms or should be re-granted on those terms, whether the Defendants should nonetheless be permitted to commence proceedings in France or Italy to restrain banks in those jurisdictions honouring calls made on various on-demand bonds issued by those banks in favour of Eurochem or requiring Eurochem to suspend its calls on the bonds and refrain from making more calls on them, or both ("Derogation Issue").