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ARTICLE · 11 MAY 2021

Forum Conveniens – Context Is Key

The English High Court has allowed conspiracy proceedings brought by two Russian banks against several Russian nationals to proceed in England

United KingdomCorporate/Commercial Law
Daniel Wyatt
Daniel Wyatt
Karina Plain
Karina Plain

The English High Court has allowed conspiracy proceedings brought by two Russian banks against several Russian nationals to proceed in England, despite there being "no doubt, and no dispute, that [it] is a Russian case".1

The alleged conspiracy

The Claimants allege that the seven defendants conspired to bring about transactions in which approximately US$800m of well performing, secured loans, which had been made by the Claimants to a company ultimately owned or controlled by the first four defendants (the Mints), were repaid with the Claimants' own money and replaced with illiquid, unsecured, non-income producing long-term bonds worth a fraction of the price the Claimants paid for them. At the time, the fifth to seventh defendants (D5-D7) were Chairmen, CEOs and/or shareholders of the Claimants. The Claimants allege that the Mints dishonestly procured the transactions in conspiracy with the banks' then controllers (D5-D7) to the benefit of the Mints' company and

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