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JSC VTB Bank -v- Alexander Katunin and Sergey Taruta Claim No. BVIHC (Com) No. 62 of 2014 (January 2015)

January 2015 Procedure

BRITISH VIRGIN ISLANDS

COMMERCIAL COURT

FOREIGN DEFENDANT APPLYING TO SET ASIDE ORDER FOR ALTERNATIVE SERVICE – CLAIMANT ALLEGING DEFENDANT SUBMITTED TO JURISDICTION – WHETHER DEFENDANT SUBMITTED – WHETHER DEFENDANT ENTITLED TO RELY UPON RESERVATIONS OF RIGHT TO CONTEST JURISDICTION – CPR 7.8A CONSIDERED

JSC VTB Bank (the “Bank”) obtained freezing orders against the Defendants’ BVI assets and sought the recognition and enforcement of a money judgment at common law in excess of US$30 million against those assets. The Defendants are not resident in the BVI and the Bank was required to obtain permission to serve the claim on them outside the jurisdiction.

The Bank obtained permission to serve the Claim out of the jurisdiction and later obtained orders for alternative service, without attempting service on any of the Defendants under the Hague Convention. The effect of the alternative service order was that the Bank was permitted to effect service on the first Defendant by serving his companies registered in the BVI.

 

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JSC VTB Bank -v- Alexander Katunin and Sergey Taruta Claim No. BVIHC (Com) No. 62 of 2014 (January 2015)

 

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