
By John Helmer in Moscow
“Mr Deripaska is a man who denies everything”.
This was said in the Court of Appeal in London on July 21, by Geoffrey Vos QC, arguing the case on behalf of Deripaska’s former patron and founding stakeholder, Michael Cherney (Mikhail Chernoy), that Deripaska should face trial in England on Cherney’s charges that Deripaska has violated their contract, and improperly taken Cherney’s 20% stake in the founding company of the Russian Aluminium (Rusal) group.
Deripaska is chief executive and controlling shareholder of Rusal. He had sought a ruling from the appeal court to withdraw jurisdiction over the case from the UK to Russia. London jurisdiction is claimed by Cherney, an Israeli citizen, because his shareholding agreement with Deripaska was negotiated and signed there; because the contract specified the application of UK law; because both he and Deripaska have homes and businesses there; and because UK law provides for jurisdiction when a litigant would be deprived of a fair trial if the litigation was held elsewhere. The ruling, against which Deripaska was appealing, said: “Neither party has suggested that they will suffer significant prejudice if the trial takes place here…I am persuaded that the risks inherent in a trial in Russia (assassination, arrest on trumped up charges and lack of a fair trial) are sufficient to make England the forum in which the case can most suitably be tried in the interests of both parties and the ends of justice and, accordingly, the proper place for the determination of this claim.”
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