Reservation of Rights Preserves Jurisdiction Challenge

In a definitive judgment handed down on 20 June 2016 in JSC VTB Bank v Alexander Katunin [BVIHCMAP2015/004 & 007], the Eastern Caribbean Supreme Court of Appeal confirmed that the correct test in determining conduct amounting to submission to the jurisdiction of the court is that it must be considered by a disinterested bystander to be wholly unequivocal, following English High Court precedent in SMAY Investments Ltd & another v Sachdev & ors 2003 [EWHC 474]. The judgment was the outcome of a successful interlocutory appeal by Withers BVI client Alexander Katunin in BVI proceedings brought by VTB Bank to enforce an award of US$ 30 million obtained by default in the Meschansky District Court in Russia. Stephen Rubin QC was instructed to appear for Mr. Katunin.