Permission To Appeal Denied in Curtis’ Landmark Victory for Transneft

Curtis Had Earlier Prevailed in Dismissal of US$ 5 Billion Claim on Jurisdictional Grounds Before English High Courts in January 2025

London, June 4, 2025 – In a significant victory for Curtis’ client Transneft, the English Court of Appeal refused permission to appeal for Mr Ziyavudin Magomedov and others with respect to the Commercial Court’s decision earlier this year to decline jurisdiction over their claims purportedly running into the many billions of US dollars.

What was the case about?

Mr Ziyavudin Magomedov and others filed claims against twenty-two Defendants, seeking almost US$ 15 billion in compensation over his holdings in port operators, which he says were seized as part of a state-backed conspiracy in the context of two alleged conspiracies: (i) the “FESCO Conspiracy”, and (ii) the “NCSP Conspiracy”. Transneft was only alleged to have been a party to the “NCSP Conspiracy”, where the asserted provisional quantum was US$ 5 billion.

In January of this year, Mr Justice Bright issued his jurisdiction judgment, which resulted in the dismissal of the US$ 5 billion claim relating to the so-called “NCSP Conspiracy”. This decision was reached on multiple bases, including:

- none of the pleaded jurisdictional gateways were available in relation to the alleged NCSP Conspiracy

- there was no serious issue to be tried against Transneft in relation to the allegations;

- the applicable law to the alleged claims was Russian law such that they were time-barred (preferring the expert evidence offered by Transneft); and

- additionally, Mr Magomedov and others had committed serious breaches of their obligation for full and frank disclosure, providing a further standalone reason for dismissal.

Recent Decision by the Court of Appeal

The claimants sought permission to appeal, which has now been refused by the English Court of Appeal in observing that the first instance Judge was entitled to reach the decisions that he did, particularly with respect to the findings of serious failings of full and frank disclosure.

Curtis is delighted to have assisted Transneft in confirming the dismissal of this high-profile, yet unmeritorious, claim.

Curtis Partner Sebastiano Nessi states that “this outcome underscores what we have maintained from the start — the claims had no place before the English courts. It’s a gratifying outcome for our client, and a testament to the precision and teamwork that went into every stage of this case.”

Curtis Partner William Hampson further adds that “we welcome the confirmation of the dismissal of these meritless, yet aggressively pursued claims, which present a very significant and comprehensive victory for Transneft.”

Curtis has obtained a series of victories for Transneft in multibillion-dollar claims brought by Mr. Magomedov and others. In September 2024, a Curtis team led by Sebastiano Nessi and William Hampson had assisted Transneft in securing a decision from the Stockholm Chamber of Commerce (“SCC”) throwing out the same US$ 5 billion claim.

The Curtis team representing Transneft was co-led by partners William Hampson and Sebastiano Nessi and included associates Sena Tsikata, Arthad Kurlekar, Harry Draper and trainee Jessica Simpson.