Arbitral Digest

Matter

Banque Zenith OAO v [K] [S] and [L] [D] [V] (Paris Court of Appeal RG 18/27180)

  1. 24 March 2011Russia

    24 March 2011Russia

    Judgment of the Pétrogradski District Court of Saint Petersburg dated 24 March 2011 (case 2-30/11)

    Pétrogradski District Court of Saint Petersburg

    Case no.
    2-30/11
    Decision summary
    The court ordered [K] [S] and [L] [D] [V] to pay Banque Zenith OAO 180,032,078.75 roubles jointly, ordered the auction sale and seizure of three mortgaged apartments, and awarded separate litigation expenses against each debtor.

    Supporting details

    3 participants
    [K] [S]
    [L] [D] [V]
    Banque Zenith OAO
    Pétrogradski District Court of Saint Petersburg

    3 months and 6 days later · 98 days

  2. 30 June 2011Russia

    30 June 2011Russia

    Rectifying order of the Pétrogradski District Court of Saint Petersburg dated 30 June 2011 (case 2-30/11)

    Pétrogradski District Court of Saint Petersburg

    Case no.
    2-30/11
    Decision summary
    The court issued a rectifying order under case 2-30/11 concerning its 24 March 2011 judgment against [K] [S] and [L] [D] [V] in favour of Banque Zenith OAO.

    1 month and 5 days later · 35 days

  3. 4 August 2011Russia

    4 August 2011Russia

    Decision of the Court of Saint Petersburg dated 4 August 2011 (case 33-11876)

    Court of Saint Petersburg

    Case no.
    33-11876
    Decision summary
    The appellate court confirmed the 24 March 2011 judgment of the Pétrogradski District Court against [K] [S] and [L] [D] [V] in favour of Banque Zenith OAO.

    Supporting details

    3 participants
    [K] [S]
    [L] [D] [V]
    Banque Zenith OAO
    Court of Saint Petersburg

    1 month and 25 days later · 56 days

  4. 29 September 2011Russia

    29 September 2011Russia

    Rectifying order of the Pétrogradski District Court of Saint Petersburg dated 29 September 2011 (case 2-30/11)

    Pétrogradski District Court of Saint Petersburg

    Case no.
    2-30/11
    Decision summary
    The court issued a rectifying order under case 2-30/11 concerning its 24 March 2011 judgment against [K] [S] and [L] [D] [V] in favour of Banque Zenith OAO.

    3 years, 4 months and 13 days later · 1231 days

  5. 11 February 2015France

    11 February 2015France

    Judgment of the Tribunal de grande instance of Paris dated 11 February 2015

    Tribunal de grande instance of Paris

    Decision summary
    The court declared enforceable in France the Russian judgment, rectifying orders and appellate decision concerning Banque Zenith OAO, [K] [S] and [L] [D] [V], rejected the defendants' objection, and ordered them to pay costs and EUR 5,000 under article 700 of the French Code of Civil Procedure.

    1 year, 11 months and 20 days later · 720 days

  6. 31 January 2017France

    31 January 2017France

    Decision of the Court of Appeal of Paris dated 31 January 2017

    Court of Appeal of Paris

    Decision summary
    The court confirmed the Paris first-instance judgment declaring the Russian decisions enforceable in France, rejected the objection based on lack of interest to act, and ordered [K] [S] and [L] [D] [V] to pay Banque Zenith OAO EUR 6,000 under article 700 of the French Code of Civil Procedure.

    1 year, 8 months and 16 days later · 624 days

  7. 17 October 2018France

    17 October 2018France

    Decision of the First Civil Chamber of the Court of Cassation dated 17 October 2018 (appeal 17-18.995)

    Court of Cassation, First Civil Chamber

    Case no.
    17-18.995
    Decision summary
    The Court of Cassation quashed in full the 31 January 2017 Paris Court of Appeal decision and remitted the matter to a differently composed court, holding that the appellate court had not fully examined whether the rates applied by the Russian decisions were concretely contrary to international public policy.

    1 year, 7 months and 16 days later · 594 days

  8. 2 June 2020France

    2 June 2020France

    Decision of the Court of Appeal of Paris in the case RG 18/27180 dated 2 June 2020

    Court of Appeal of Paris

    Case no.
    RG 18/27180
    Decision summary
    The court rejected the objection that Banque Zenith OAO lacked a present interest to act, but reversed the Paris first-instance judgment and rejected exequatur in France of the Russian judgment, rectifying orders and appellate decision. It held that the 30% annual penalty interest, periodically recalculated on substantial outstanding sums, violated French international public policy, and ordered the bank to pay EUR 2,500 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    3 authorities · 10 participants
    [K] [S]
    Representative
    Marie-Catherine VIGNES (For: [K] [S] · [L] [D] [V] épouse [S])
    Representative
    Yves ROUSSARIE (For: [K] [S] · [L] [D] [V] épouse [S])
    [L] [D] [V] épouse [S]
    Representative
    Marie-Catherine VIGNES (For: [K] [S] · [L] [D] [V] épouse [S])
    Representative
    Yves ROUSSARIE (For: [K] [S] · [L] [D] [V] épouse [S])
    Banque Zenith OAO
    Representative
    Mazvydas MICHALAUSKAS (For: Banque Zenith OAO)
    Court of Appeal of Paris
    Other
    Institutional administrator
    Mélanie PATE

    Authorities cited

    3
    • French Civil Code, article 3
      statute
    • French Code of Civil Procedure, articles 700 and 785
      statute
    • Code of Civil Procedure of the Russian Federation, article 354(2)
      statute

Matter record

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Banque Zenith OAO v [K] [S] and [L] [D] [V] (Paris Court of Appeal RG 18/27180) · Matter