Arbitration
FH Holding Moscow Ltd v AO Unicredit Bank and another company [2026] EWCA Civ 468
The Court of Appeal dismissed the appellant’s appeal, holding that proceedings in Moscow to levy execution against mortgaged property were not brought in breach of the arbitration clause in the facility agreement. The appellant had sought an anti-suit injunction against the first and second respondents to restrain them from pursuing proceedings in Moscow requiring disputes to be determined through arbitration in Vienna. The principal issue was whether the respondent banks were obliged to obtain an award from an arbitral tribunal in Vienna declaring that an event of default had occurred before levying execution under a Russian law mortgage agreement. The court held that a dispute about whether an event of default had occurred fell within the scope of both the mortgage agreement’s jurisdiction clause and the facility agreement’s arbitration clause; concluding that clause 9 of the mortgage agreement allowed for immediate execution following an event of default, with disputes to be resolved by the Moscow Commercial
