Arbitral Digest

Matter

Briefline Assets Ltd v Nikolay Anatolyevich Falin et al (BVIHC (COM) 2020/0223)

  1. 27 November 2020Arbitration

    27 November 2020Arbitration

    Arbitral award published 27 November 2020

    Decision summary
    The arbitral tribunal made determinations in proceedings between Nikolay Anatolyevich Falin and Belfast Services SA. The court treated Briefline as Belfast's privy and held it bound by the award's determinations, while noting that beneficial ownership of the Belfast shares was not an issue for the arbitrators.

    Supporting details

    2 participants
    Nikolay Anatolyevich Falin
    Belfast Services SA

    6 months and 21 days later · 202 days

  2. 17 June 2021British Virgin Islands

    17 June 2021British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division) in the case BVIHC (COM) 2020/0223 dated 17 June 2021

    Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)

    Case no.
    BVIHC (COM) 2020/0223
    Decision summary
    The court refused to continue the injunction restraining the defendants from dealing with Belfast shares and assets, finding that Briefline had no arguable pleaded case and had failed in its duty of full and frank disclosure.

    7 months and 29 days later · 243 days

  3. 15 February 2022British Virgin Islands

    15 February 2022British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division) in the case BVIHC (COM) 2020/0223 dated 15 February 2022

    Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)

    Case no.
    BVIHC (COM) 2020/0223
    Decision summary
    The court granted Briefline's application to re-re-amend its claim form and statement of claim and to add Nikolay Khorkov, Mr. Zotov, and Mr. Thorstenn as additional claimants, subject to correcting the prayer of the draft pleading. It dismissed Nikolay Anatolyevich Falin's applications to strike out the claim and for reverse summary judgment. The court held that the illegality issue was unsuitable for strike-out determination, rejected the abuse-of-process allegation based on the arbitration, and found that the re-amended case had a realistic prospect of success.

    Supporting details

    24 authorities · 17 participants
    Briefline Assets Ltd
    Representative
    Steven Thompson (For: Briefline Assets Ltd)
    Representative
    Adam Cloherty (For: Briefline Assets Ltd)
    Representative
    Alana-J Joseph (For: Briefline Assets Ltd)
    Representative
    Conyers (For: Briefline Assets Ltd)
    Representative
    Martin Carrington (For: Briefline Assets Ltd)
    Nikolay Anatolyevich Falin
    Representative
    Stuart Adair (For: Nikolay Anatolyevich Falin)
    Representative
    Oliver Clifton (For: Nikolay Anatolyevich Falin)
    Representative
    Walkers BVI (For: Nikolay Anatolyevich Falin)
    Belfast Services SA
    Nikolay Khorkov
    Zotov
    Thorstenn
    Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)
    Other
    Witness
    Silver

    Authorities cited

    24
    • Civil Procedure Rules
      statute
    • Ali Ganjaei v Sable Trust Ltd
      case-law
    • Mirza v Patel
      case-law
    • Tinsley v Milligan
      case-law
    • Petherpermal Chetty v Muniandi Servai
      case-law
    • Singh v Ali
      case-law
    • Palianiappa Chettiar v Arunasalam Chettiar
      case-law
    • Willers v Joyce (No 2)
      case-law
    • Allan Chastanet v Ernest Hilaire
      case-law
    • Convoy Collateral Ltd v Broad Idea International Ltd and another
      case-law
    • Robins v National Trust Co
      case-law
    • Commercial Bank of Dubai v 18 Elvastone Place Ltd
      case-law
    • Australian Consolidated Press Ltd v Uren
      case-law
    • Hounga v Allen
      case-law
    • Les Laboratoires Servier v Apotex Inc
      case-law
    • Bilta (UK) Ltd v Nazir (No 2)
      case-law
    • Henderson v Henderson
      case-law
    • Re Lenux Group Ltd
      case-law
    • House of Spring Gardens Ltd v Waite
      case-law
    • Aldi Stores Ltd v WSP Group plc
      case-law
    • Michael Wilson & Partners Ltd v Sinclair (Emmott, Part 20 Defendant)
      case-law
    • Lincoln National Life Insurance v Sun Life Assurance Co of Canada
      case-law
    • Sempacher Foundation v Lark Services Inc and others
      case-law
    • Supreme Court Practice 2022 (the White Book)
      academic

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Briefline Assets Ltd v Nikolay Anatolyevich Falin et al (BVIHC (COM) 2020/0223) · Matter