“…[2013] EWHC 2926 (Comm)). The decision must be so wrong as to be evidence of bias, or be such that no court acting in good faith could have arrived at it.”…”
“…As Flaux J (as he then was) said in Erste Group Bank AG v JSC "VMZ RED OCTOBER"[2013] EWHC 2926 (Comm) (at [11]), although Lord Neuberger's deprecation of the proliferation of documentation and argument was in the context of the determination of appropriate foru…”
“…. In reaching that conclusion he held that Flaux J was wrong to have arrived at the contrary conclusion in Erste Group Bank AG (London) v JSC (VMZ Red October) [2013] EWHC 2926 (Comm), [2014] BPIR 81. However, he went on to hold that if he had had power, he would have exercised it in favour of the grant of permission. His judgment is at [201…”
“…In Erste Group Bank AG (London) v JSC (VMZ Red October) [2013] EWHC 2926 (Comm), [2014] BPIR 81 Flaux J held that a claim under section 423 fell within the “gateway” in para 3.1 (20) of PD 6B. In a case falling within that “gateway” the pe…”