Arbitral Digest

Matter

Gazprombank v Mr [W] [Z] — French exequatur of Russian guarantor judgments

  1. 6 December 2005Russian Federation

    6 December 2005Russian Federation

    Judgment of the Tcheriomouchki District Court of Moscow in case 2-2904/05 dated 6 December 2005

    Tcheriomouchki District Court of Moscow

    Case no.
    2-2904/05
    Decision summary
    The court held Mr [W] [Z] liable to Gazprombank under one of his joint and several guarantees securing Jean Lion's loan obligations, in the amount of 103,617,443.37 roubles.

    Supporting details

    2 participants
    Gazprombank
    Mr [W] [Z]
    Tcheriomouchki District Court of Moscow
  2. 6 December 2005Russian Federation

    6 December 2005Russian Federation

    Judgment of the Tcheriomouchki District Court of Moscow in case 2-2905/05 dated 6 December 2005

    Tcheriomouchki District Court of Moscow

    Case no.
    2-2905/05
    Decision summary
    The court held Mr [W] [Z] liable to Gazprombank under his other joint and several guarantee securing Jean Lion's loan obligations, in the amount of 110,436,181.91 roubles.

    Supporting details

    2 participants
    Gazprombank
    Mr [W] [Z]
    Tcheriomouchki District Court of Moscow

    2 months and 8 days later · 70 days

  3. 14 February 2006Russian Federation

    14 February 2006Russian Federation

    Civil appeal decision of the Moscow City Court dated 14 February 2006

    Moscow City Court, Civil Appeals Division

    Decision summary
    The court rejected Mr [W] [Z]'s appeal against the 6 December 2005 judgment holding him liable to Gazprombank under a joint and several guarantee.

    Supporting details

    2 participants
    Gazprombank
    Mr [W] [Z]
    Moscow City Court, Civil Appeals Division

    16 days later · 16 days

  4. 2 March 2006Russian Federation

    2 March 2006Russian Federation

    Civil appeal decision of the Moscow City Court dated 2 March 2006

    Moscow City Court, Civil Appeals Division

    Decision summary
    The court rejected Mr [W] [Z]'s appeal against the 6 December 2005 judgment holding him liable to Gazprombank under a joint and several guarantee.

    Supporting details

    2 participants
    Gazprombank
    Mr [W] [Z]
    Moscow City Court, Civil Appeals Division

    3 years, 7 months and 19 days later · 1329 days

  5. 21 October 2009France

    21 October 2009France

    Judgment of the Tribunal de Grande Instance de Paris in case RG 07/08875 dated 21 October 2009

    Tribunal de Grande Instance de Paris

    Case no.
    RG 07/08875
    Decision summary
    The court declared enforceable in France the two 6 December 2005 judgments of the Tcheriomouchki District Court of Moscow against Mr [W] [Z] in favour of Gazprombank.

    Supporting details

    2 participants
    Gazprombank
    Mr [W] [Z]
    Tribunal de Grande Instance de Paris

    1 year and 19 days later · 384 days

  6. 9 November 2010France

    9 November 2010France

    Judgment of the Cour d'appel de Paris in case 09/28331 dated 9 November 2010

    Cour d'appel de Paris, Pôle 1 - Chambre 1

    Case no.
    09/28331
    Citation
    Cour d'appel de Paris, Pôle 1 - Chambre 1, 9 November 2010, RG 09/28331
    Decision summary
    The court confirmed the 21 October 2009 judgment declaring the two Russian guarantor-liability judgments enforceable in France. It dismissed Mr [W] [Z]'s appeal and Gazprombank's additional claims for USD 370,524 under Article 700 and a civil fine.

    Supporting details

    2 authorities · 10 participants
    Mr [W] [Z]
    Representative
    SCP Duboscq - Pellerin (For: Mr [W] [Z])
    Representative
    Stéphanie Pognonec (For: Mr [W] [Z])
    Gazprombank
    Representative
    François Teytaud (For: Gazprombank)
    Representative
    Philippe Metais (For: Gazprombank)
    Cour d'appel de Paris, Pôle 1 - Chambre 1
    Judge
    Perie
    Judge
    Guihal
    Judge
    Dallery
    Other
    Court Reporter
    Pate

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Consumer Code
      statute

    2 years, 2 months and 21 days later · 813 days

  7. 30 January 2013France

    30 January 2013France

    Decision of the Cour de cassation, Première chambre civile, dated 30 January 2013

    Cour de cassation, Première chambre civile

    Decision summary
    The court rejected Mr X's appeal and upheld the Paris Court of Appeal's confirmation of French enforceability for the two Russian guarantor-liability judgments. It held that the Russian court's jurisdiction, procedural public-order compliance, and absence of fraud were sufficiently established, and rejected the remaining grounds of appeal.

    Supporting details

    4 authorities · 3 participants
    Mr [W] [Z]
    Representative
    SCP Boré et Salve de Bruneton (For: Mr [W] [Z])
    Gazprombank
    Cour de cassation, Première chambre civile

    Authorities cited

    4
    • French Code of Civil Procedure
      statute
    • French Consumer Code
      statute
    • European Convention on Human Rights
      treaty
    • First Protocol to the European Convention on Human Rights
      treaty

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Gazprombank v Mr [W] [Z] — French exequatur of Russian guarantor judgments · Matter