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Jurisdiction and serious irregularity challenges to LCIA award dismissed (Filatona Trading v Navigator Equities)

Published on: 07 February 2019
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Article summary

Arbitration analysis: In a hard-fought and factually complex case, Mr Justice Teare in the Commercial Court decided, among other matters, that Mr Vladimir Chernukhin was a ‘disclosed principal’ of Mrs Lolita Danilina and entitled to sue upon a shareholders’ agreement between the named parties Mrs Danilina and Mr Oleg Deripaska (the SHA). In this regard, the judge reached the same conclusion as an arbitral tribunal in London Court of International Arbitration (LCIA) arbitration proceedings between Mr Deripaska and Mr Chernukhin, which resulted in an order from the tribunal that Mr Deripaska pay Mr Chernukhin US$95 million in respect of the latter’s shareholding. As a consequence of his finding, the judge dismissed Mr Deripaska’s challenge to the tribunal’s award, which was made pursuant to section 67 of the Arbitration Act 1996 (AA 1996) on the grounds that Mr Chernukhin was not a party to the SHA and not subject to its arbitration clause. Teare J also dismissed Mr Deripaska’s challenge to...

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