April 15, 2026 court of first instance - Orders
Claim No. CFI 121/2025
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
VTB BANK PJSC
Claimant/Applicant
and
(1) TIMUR ORAZBEKOVICH KUANYSHEV
(2) EVGENY VYACHESLAVOVICH SHLENSKIKH (AKA YEVGENIY SHLYONSKIKH)
(3) SHEV ENERGY LLC-FZ
(4) ALFIYA ABULKHAIR ASKAR (AKA ALFIYA KUANYSHEVA)
(5) MUNIRA ORHAYEVNA BAYMENOVA (AKA MUNIRA ORHAEVNA BAIMENOVA)
Defendants/Respondents
ORDER WITH REASONS OF H.E. JUSTICE MICHAEL BLACK KC
UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 19 December 2025 (the “WFO Order”)
AND UPON the Order of H.E. Justice Michael KC Black dated 7 January 2026 (the “WFO Continuation Order”)
AND UPON the Claimant’s Application No. CFI-121-2025/4 dated 21 January 2026 seeking an order that the Respondents be committed for contempt of court under Part 52 of the Rules of the DIFC Courts (“RDC”) (the “Committal Application”)
AND UPON the Claimant’s Application No. CFI-121-2025/5 dated 24 March 2026 seeking permission to cross examine the First and Second Respondents on their evidence served on 6 February 2026 (the “Cross Examination Application”)
AND UPON hearing Counsel for the Claimant and the First Respondent as a litigant in person at a hearing held before H.E. Justice Micheal Black KC on 25 March 2026 (the “Hearing”)
IT IS HEREBY ORDERED THAT:
1. The Committal Application is granted.
2. No order is made on the Cross Examination Application.
3. The following fines shall be paid to the DIFC Courts within 28 days of this Order:
(a) Mr Kuanyshev shall pay a fine of USD 250,000;
(b) Mr Shlenskikh shall pay a fine of USD 150,000;
(c) Shev Energy shall pay a fine of USD 150,000;
(d) Mrs Kuanysheva shall pay a fine of USD 250,000; and
(e) Ms Baymenova shall pay a fine of USD 150,000.
4. The said fines and each of them shall continue at the rate of USD 10,000 per day unless and until each of the Defendants/Respondents fully and properly comply with the terms of the WFO.
5. Each of the Defendants/Respondents shall be referred to the Attorney General of Dubai pursuant to Article 35(B) of the Courts Law.
6. The Claimant shall file submissions of not more than 4 pages with a statement of costs in the usual form for summary assessment within 5 working days of the date of this Order.
7. The Defendants shall file submissions in reply to those costs submissions within 3 working days thereafter.
8. The Claimant shall file any reply submissions on costs within 3 working days thereafter, limited to 4 pages.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 15 April 2026
At: 2pm
SCHEDULE OF REASONS
INTRODUCTION
1. On 21 January 2026, the Claimant (“VTB”) issued an application for an order that the Respondents be committed for contempt of court under RDC Part 52 (the “Committal Application”). The Respondents are:
(1) Timur Orazbekovich Kuanyshev (“Mr Kuanyshev”);
(2) Evgeny Vyacheslavovich Shlenskikh (AKA Yevgeniy Shlyonskikh) (“Mr Shlenskikh”);
(3) Shev Energy LLC-FZ (“Shev Energy”);
(4) Alfiya Abulkhair Askar (AKA Alfiya Kuanysheva) (“Mrs Kuanysheva”);
(5) Munira Orhayevna Baymenova (AKA Munira Orhaevna Baimenova) (”Ms Baymenova”).
(collectively “the Defendants” or “the Respondents”)
2. Mr Kuanyshev and Mr Shlenskikh are nationals of Kazakhstan. The are indebted to VTB (the second largest bank in Russia) in the sum of RUB 7,191,396,362.56 (approximately USD 89.25 million) under personal guarantees issued in connection with the acquisition by them of an oil mining company based in Western Siberia involving corporate vehicles in Cyrus, Belize and Austria. It is of some significance that in their dealings with VTB, Mr Kuanyshev and Mr Shlenskikh produced forged letters purporting to come from a well- known UAE bank, First Abu Dhabi Bank PJSC (“FAB”) showing that Shev Energy held funds exceeding the debt.
3. Shev Energy is solely owned by Mr Shlenskikh who is also its manager. Accordingly, Shev Energy’s assets are ultimately owned and controlled by Mr Shlenskikh.
4. Mrs Kuanysheva and Ms Baymenova are respectively the wives of Mr Kuanyshev and Mr Shlenskikh whom they married in Kazakhstan. Under the applicable law, property acquired in the course of marriage is held jointly (i.e., in common), accordingly, Mr Kuanyshev and Mr Shlenskikh have each a 50% beneficial interest in any property or assets legally owned by their wives.
5. As will appear more fully below, on 19 December 2025, H.E. Deputy Chief Justice Ali Al Madhani made a freezing order on the application of VTB against the Respondents and each of them (the “WFO Order”). On 7 January 2026, I made an order continuing the WFO Order (the “WFO Continuation Order”).
6. By the Committal Application, it is alleged that:
(1) Each of the Respondents failed to comply with paragraphs 9 and 11 of the WFO Order and their failure to provide the information and affidavit required by paragraphs 9 and 11 of the WFO Order is continuing (“Count 1”); and
(2) the First and Second Respondents failed to comply with paragraphs 4 and 5 of the WFO Continuation Order, and their failure to provide the witness statement required by paragraphs 4 and 5 of the WFO Continuation Order is continuing (“Count 2”).
7. On 24 March 2026, VTB issued an application for permission to cross-examine Mr Kuanyshev and Mr Shlenskikh on their evidence in the Committal Application served on 6 February 2026 (the “Cross Examination Application”).
8. The Committal Application was heard by me on 25 March 2026.
THE LEGAL PRINCIPLES
9. By Article 24(D)(5) of Dubai Law No. (2) of 2025, Concerning Dubai International Financial Centre Court (the “Courts Law”) the DIFC Court has the power to make orders as to the conduct of any proceedings before the Court that it considers appropriate, including but not limited to contempt orders.
10. By Article 35(A)(5) of the Courts Law in addition to the penalties prescribed in accordance with applicable legislation, anyone who commits any of the following acts or omissions shall be punished with a fine prescribed by the DIFC Courts in accordance with the Rules of the Courts: … Failing to comply with, or declining to act upon, a judgement, decision or order of the DIFC Courts.
11. By Article 35(B) of the Courts Law in addition to the penalty of the financial fine referred to in Paragraph (A) of this Article, the DIFC Courts may take any measures they deem necessary to ensure the proper administration of justice or refer the matter to the Attorney General of the Emirate.
12. The Rules of the DIFC Courts (“RDC”) provide in Part 52:
(1) RDC 52.1: The power of the Court of First Instance or Court of Appeal to punish for contempt of Court may be exercised by an order of committal.
(2) RDC 52.12: Written evidence in support of or in opposition to a committal application must be given by affidavit;
(3) RDC 52.14: A respondent may give oral evidence at the hearing, whether or not he has filed or served any written evidence. If he does so, he may be cross- examined;
(4) RDC 52.32: The Court may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.
13. I take considerable guidance from the judgment of Justice Wayne Martin (as he then was) in Lateef and Anor v Leila and Ors [2020] ARB 017 (24 March 2022), [11]-[18]:
“11. In VIH Dubai Palm Jumeirah Ltd v Assas Opco Ltd (“VIH”) Justice Sir Richard Field observed that: “Although Article 43 of the Court Law provides that the Court in the exercise of its contempt of court jurisdiction may make any order it considers necessary in the interests of justice, in my judgment this would not include the imposition by the Court of a sentence of imprisonment.”
12. I respectfully agree with that view. The DIFC Court does not have criminal jurisdiction, although it does have power to impose fines. That power is generally regarded as regulatory in nature, or, at the highest, quasi–criminal in nature.
13. In VIH Justice Sir Richard Field observed that in that case it was common ground that the allegations of contempt of court must be proved to what is the criminal standard of proof in criminal jurisdictions, namely, beyond reasonable doubt. I respectfully agree with that view and would add that in my view it follows that the normal procedures adopted by common law courts with respect to the determination of allegations of criminal conduct should be applied by this Court when considering an application for committal for contempt of court.
14. Those principles include the principle that the onus of proof of criminal conduct rests at all times upon the party alleging that criminal conduct has occurred. That onus does not change at any point in the process, and the party against whom an application for an order of committal is made carries no obligation to prove anything by way of defence… in common law criminal courts … juries are routinely directed that a person accused of a crime has no obligation to prove anything by way of defence, and no adverse inference can be drawn against a person accused of crime by reason of his or her failure to adduce evidence by way of defence. In my view those principles should be applied in this Court in the determination of applications for committal by reason of contempt of court.
15. Similarly, common law principles of mens rea should be adopted when this Court considers an application for an order of committal by reason of contempt. Those principles generally require that the conduct giving rise to the alleged contempt must have been the knowing and wilful act or omission of the alleged contemnor. It is important to emphasise that the mental element required to establish breach applies only to the act or omission said to constitute breach, not its consequences. Put more directly, an applicant for a committal order does not have to establish that the alleged contemnor knew or ought to have known that the act or omission said to constitute the contempt would involve a breach of the orders of the Court. Notice of the orders of the Court must be proven, but thereafter any act or omission which constitutes a breach of those orders will constitute a contempt of court irrespective of whether or not the contemnor knew or intended that the relevant act or omission would constitute a breach.
16. The authors of Arlidge, Eady and Smith on Contempt express the relevant principles applicable to the mental element of contempt in the following terms:
“What was traditionally required was to demonstrate that the alleged contemnor’s conduct was intentional (in the sense that what he actually did, or omitted to do, was not accidental); and secondly that he knew the facts which rendered it a breach of the relevant order or undertaking. He must normally be shown at least in the case of a mandatory order to have been notified of its existence…… Yet there is no need to go so far as to show that the respondent realised that his conduct would constitute a breach, or even that he had read the order. This means that liability for contempt has been treated as though it were strict; that is to say, not depending on establishing any specific intention either to breach the terms of the order or subvert the administration of justice in general. Nor will it avail a respondent that he believed for some reason that he had a right to do the relevant act.”
17. Accordingly, in the case of the applications brought against the corporate defendants… contempt of court will be sufficiently proven if it is established that the companies had notice of the orders made by the Court and thereafter, by the acts or omissions of the relevant company, failed to comply with those orders. There is no requirement to establish that any natural person or persons within each company was aware of the orders made by the Court, and was also aware of the conduct which constitutes the alleged contempt. Once the relevant company is on notice of the orders made by the Court, it is legally obliged to comply with those orders and cannot rely upon the alleged ignorance of one or more of its officers as an excuse for non-compliance.
18. … as the DIFC Courts lack a general criminal jurisdiction and the power to order imprisonment, a reference to the Attorney General of Dubai may also be appropriate in cases in which the Court considers that the sanctions available to the Court, which are essentially limited to the imposition of a fine, are inadequate to appropriately reflect the significance of the contempt committed and impose appropriate punishment upon the contemnor.”
14. Thus, in order to establish that someone is in contempt, it is necessary to show that they (i) knew of the terms of the order; (ii) acted (or failed to act) in a manner which involved a breach of the order; and (iii) knew of the facts which made their conduct a breach (per Christopher Clarke J (as he then was) in Masri v Consolidated Contractors International Company SAL [2011] EWHC 1024 (Comm) at [150] cited with approval by Nugee LJ in Kea Investments Ltd v Watson [2020] EWHC 2599 (Ch) at [19]).
15. Under RDC 52.12, written evidence in support of, or in opposition to, a committal application must be given by affidavit. In Lateef, the Court found that it had a discretion to exclude affidavit evidence where the relevant deponent was not tendered for cross- examination without justification or excuse: [24]-[28]. The respondent’s evidence was therefore excluded.
16. In Lateef, the Claimants alleged that the First and Second Defendants contravened a worldwide freezing order by failing to make disclosure of their assets in accordance with the terms of that order by virtue of the disclosure they provided being much later than the time specified and being inadequate as a result of their continuing failure to provide full disclosure of all their assets, as directed by the Court. The respondents swore an affidavit stating that the first affidavit was “inadvertently erroneous”, annexing a list of assets. The Court found that the allegation of contempt was proved beyond reasonable doubt in that:
(1) The assertion in the first affidavit was “patently false” and therefore did not comply with the freezing order and that the respondents were “well aware of their failure to comply [with the order]”: [121], [125]-[126]; and
(2) In respect of the second affidavit, it found that the list of assets provided by the respondents was “manifestly incomplete” and that the disclosure given remained inadequate: [128].
The Court also rejected the submission that this breach was not significant contempt [139]-[140]:
“139. With respect, that submission misses the point of the provisions in WFOs relating to the disclosure of information with respect to assets. That purpose was succinctly identified by Justice Ali Al Madhani in SBM Bank (Mauritius) Ltd v Renish Petrochem FZE & Others . His Honour observed:
“Freezing injunctions generally serve two purposes. The first is to prevent the dissipation of assets in the hope that any liability determined by the Court may be satisfied and the second is to provide information as to the assets of a defendant. I accept … [the] submission that freezing injunctions would be rather toothless if the information orders were not complied with, as not only would a claimant be left in the dark as to what assets they may be able to recover, but also the claimant would be unaware as to whether the substantive orders, those prohibiting dissipation, were being complied with. The information element of freezing injunctions is of particular importance in cases … where a party is accusing another of fraud or wrongdoing and is seeking to trace back its assets before they were dissipated by the wrongdoer. Moreover in cases of fraud it is most often the case that the wrongdoer has left very little in the way of evidence. And so, the claimant seeks relief from the Court in the form of provision of information under the terms of a freezing injunction to piece together events and trace their assets.”
140. These helpful observations also explain the common practice of requiring that the information which is to be provided with respect to assets must be provided a very short time, measured in days, not weeks, after a freezing order is made. That practice recognizes the very real dangers to the efficacy of a freezing order if the Court and the beneficiary of that order are not provided with the information necessary to scrutinize compliance with the order very soon after it is made.”
17. Turning to the question penalty if contempt is proved DIFC Courts Practice (2nd edn) states at 52.37.2:
“Where the Court considers that a significant term of imprisonment would be appropriate, it follows that the appropriate remedy is likely to be a reference to the AG of Dubai who may then prosecute the contempt in the Dubai Courts. In cases where the contempt was deliberate and undertaken for the purpose of defeating orders of the Court and where there is no significant mitigation, a fine is unlikely to reflect the gravity of such contempt”.
18. Justice Martin set out the following principles in Lateef at [141]:
“141. A number of English cases provide useful guidance in relation to the approach which the Court should take when dealing with an established contempt. Those cases establish the following principles:
(a) The serious and deliberate breach of a court order may well merit imprisonment, depending upon the Court’s assessment of the culpability of the conduct and the harm which it caused – see Oliver v Shaikh;
(b) Breach of a court order is always serious because it undermines the administration of justice, and imprisonment is likely to be required to punish serious contempt and manifest the Court’s disapproval of the breach of its orders – see McKendrick v FCA;
(c) A deliberate and substantial breach of a freezing order is a serious matter which normally attracts an immediate custodial sentence – see JSC BTA Bank v Solodchenko (no. 2);
(d) Where there is a continuing failure to disclose relevant information, the Court should consider imposing a long sentence – see JSC BTA Bank;
(e) Mitigatory factors include:
(i) an immediate admission of breach;
(ii) an admission of the seriousness of the breach;
(iii) co-operation in order to mitigate the consequences of the breach; and
(iv) a sincere apology to the Court – see Oliver.”
19. The Court held:
“150. The information initially provided was farcical in its scope, and very late, and the information provided two months later was acknowledged to be incomplete at the time it was provided. The further information provided one month after that remains incomplete and at the time of the hearing each Defendant remained in breach of the order with respect to the adequacy of the information provided.
151. There are no mitigatory factors – the Defendants have not admitted their contempt, they have asserted through counsel that their contempts are not serious, they have not taken any steps to mitigate the consequences of their contempts and have proffered no apology to the Court other than the insincere apology proffered at the time their second affidavits were served, in which they expressly acknowledged their continuing non-compliance with the orders of the Court.
152. Again if I was sitting in a Court with a criminal jurisdiction, I would give very serious consideration to imposing terms of imprisonment upon each of Laamih and Labib. However, that option is not available. I consider that the imposition of a fine would not adequately reflect the seriousness of their deliberate and continuing breach of the orders of the Court. Accordingly, the appropriate order is to refer each contemnor to the Attorney General of Dubai in order that the Attorney General may consider the instigation of appropriate criminal proceedings. As I have noted, it will be for the Attorney General to determine whether the instigation of any such proceedings should await the outcome of the appeal in which the Defendants challenge the validity of the Second WFO.”
20. It is open to contemnors to purge their contempt. The principle was summarised in the English case of Klotho Brands Ltd (formerly Lion/Heaven UK II Ltd) v Sanford [2025] EWHC 2367 (Ch):
“You do not purge your contempt merely by saying "I purge my contempt". It is not like the magic words " Open sesame" to cause the doors of Ali Baba's cave to open. Indeed, the first thing to make clear is that purging contempt is something that happens after sentence, not before… To purge a contempt would in my view ordinarily mean to atone for a contempt, eradicate it or cleanse it of its previous ill-effect” (at [35]-[37]). [original emphasis]
I am not sure I accept that a party can only purge their contempt after sentence. It seems to me that a party may comply with an order and express contrition before committal proceedings are concluded in respect of the period within which they were in breach. The point does not arise the present case.
21. In Gulf Wings FZE v A and K Trading Ltd [2022] DIFC CA 014 (12 December 2022), the Court of Appeal found that, while it was open to the contemnor to purge their contempt, the respondents had not done so. The Court explained at [24] that “[t]he guiding principle must be that the contemnors.. should make good what has been lost by reason of their contempt”.
THE EVIDENCE
22. The Committal Application is supported by the following evidence:
(1) The First Affidavit of Alexey Zolotukhin, Head of Distressed Assets Department of VTB, dated 16 December 2025 (“Zolotukhin 1”);
(2) The First Affidavit of Dimitriy Mednikov, an associate at Habib Al Mulla and Partners (“HAMP”), the legal representatives of VTB, dated 6 January 2026 (“Mednikov 1”;
(3) The Second Affidavit of Alexy Zolotukhin dated 15 January 2026 (“Zolotukhin 2”);
(4) The Third Affidavit of Alexey Zolotukhin dated 20 January 2026 (“Zolotukhin 3”);
(5) The Second Affidavit of Dimitriy Mednikov dated 23 February 2026 (“Mednikov 2”);
(6) The First Affidavit of Andrey Mazur dated 2 April 2026 (“Marur 1”);
(7) The Third Affidavit of Dimitriy Mednikov dated 3 April 2026 (“Mednikov 3”).
23. The Respondents have served no admissible evidence, instead they have produced:
(1) A bundle of documents on 23 January 2023 attached to an Acknowledgement of Service filed on behalf of Mr Kuanyshev and Mr Shlenskikh by Awad Al Aryani Advocates & Legal Consultancy (“Alaryani”), attaching:
(a) Official Journal of the European Union Volume 66, 23 June 2023;
(b) US Office of Foreign Asset Control Sanctions Search List entry for VTB;
(c) US Treasury announcement dated 24 February 2022 of sanctions against VTB;
(d) 2 documents in Russian (untranslated);
(2) A purported application under RDC Part 23 dated 4 February 2026 for “APPLICATION NOTICE (Part 23) ON NOTICE- REQUEST FOR DISPOSAL WITHOUT A HEARING (ON THE PAPERS} URGENT APPLICATION FOR PROTECTIVE DIRECTIONS (Confidentiality Ring/ Confidential+ Sealed Filing/ Redactions)”. It was accompanied by some 870 pages of documents. The index was as follows:
1 | DOC-01 | Application Notice – Protective Directions | 2 | 4
2 | DOC-02 | Draft Order – Protective Directions | 5 | 6
3 | P-F1 | Court Registry Correspondence / Registration Attempts | 7 | 112
4 | P-G1 | Witness Statement – Dr Awad Alaryani | 113 | 114
5 | P-A1b | Witness Statement – Evgeniy Shlenskikh | 115 | 117
6 | P-A2b | Witness Statement – Timur Kuanyshev | 118 | 120
7 | P-A1 | Evgeniy Compliance Pack | 121 | 127
8 | P-A2 | Timur Compliance Pack | 128 | 133
9 | P-C2 | Chat with Bank | 134 | 143
10 | P-E1 | Payment Evidence / Payment Order (RUB 1,300,000,000) | 144 | 145
11 | P-A1a | ForteBank – Bank Account Certificate (Evgeniy) | 146 | 146
12 | P-A1c | RaiffeisenBank – Account Guarantee (Evgeniy) | 147 | 147
13 | P-B1 | POA – Evgeniy to Counsel | 148 | 155
14 | P-B2 | POA – Timur to Counsel | 156 | 161
15 | P-A1d | Passport Copy – Evgeniy Shlenskikh | 162 | 163
16 | P-A2a | Passport Copy – Timur Kuanyshev | 164 | 164
17 | P-A2c | AIFC State Registration Certificate – Inari Holding Ltd | 165 | 166
18 | P-A2d | AIFC State Registration Certificate – Veles Holding Ltd | 167 | 168
19 | P-A3 | Andoro Trading Corp – Certificate of Incumbency / Shareholding | 169 | 173
20 | P-H1 | Sanctions Materials (US/UK/EU/VTB) | 174 | 864
21 | DOC-00 | Respondents' Submissions | 865 | 870
Why the Application was not filed is inexplicable. I can only think the motive was either to avoid paying Court Fees or fear that it might evidence a source of assets on the UAE;
(3) “THE RESPONDENTS' WRITTEN SUBMISSIONS IN OPPOSITION Committal Application - Application for Dismissal and/or Strike Out” on 17 March 2026;
(4) On 24 March 2026 Alaryani filed an Acknowledgement of Service on behalf Mrs Kuanysheva;
(5) After the hearing on 25 March 2026, Alaryani sent an email to the Court attaching “Certified Marriage Agreement and Respondent’s Supplemental Submissions and Respondents’ List of Assets dated 18 February 2026 and Final Supplemental Submissions”. The covering email stated, “Given the importance of these documents and their direct relevance to the matters currently before the Court, we kindly request that both documents be uploaded to the current hearing bundle / eBundle so that the Court may have them before it during the continued hearing up to 27 March 2026.” I find this quite bizarre as the hearing was not “continued hearing up to 27 March 2026”. The email was timed “2026-03-25 20:00” – the hearing had ended that day before 1 PM.
24. Notwithstanding that none of the material served is admissible, being in breach of RDC 52.12 not being supported by affidavit, I will refer to the material because it is relevant to the matters I must consider.
FINDINGS OF FACT
25. In April 2019, VTB lent sums to a Russian oil company, Pechoraneftegaz JSC (“PNG”), pursuant to Facility Agreement No. 4686 dated 4 April 2019 (the “Facility Agreement”) (Zolotukhin 1, [26]-[30]). Mr Kuanyshev and Mr Shlenskikh entered into two guarantee agreements with VTB dated 15 July 2024 (the “Guarantees”), guaranteeing the entirety of the amounts owed by PNG to VTB under the Facility Agreements. (Zolotukhin 1, [16.1]-[16.2], [35])
26. In April 2025, PNG defaulted on its payment obligations under the Facility Agreement (Zolotukhin 1. [46]-[49]). Mr Kuanyshev and Mr Shlenskikh negotiated several extensions of the payment schedule with VTB but – except for two token payments in June and July 2025 – they failed to procure timely payments from PNG, even on the dates they themselves proposed. (Zolotukhin 1, [16.3], [53]-[58])
27. On 1 August 2025, VTB demanded repayment under the Guarantees (Zolotukhin 1, [16.4], [59]), and Mr Kuanyshev and Mr Shlenskikh made a series of false and misleading promises in the course of their correspondence with VTB concerning the Facility Agreement, Guarantees, and repayment. As part of that correspondence, in September 2025, Mr Kuanyshev and Mr Shlenskikh sent VTB (i) two letters ostensibly from FAB purporting to confirm a balance of EUR 100 million in Shev Energy’s account with FAB and (ii) a SWIFT message purporting to record a transfer of c. USD 48 million (which never came through). FAB has since confirmed that the two letters and SWIFT message were forgeries. (Zolotukhin 1, [60]-[61], [63], [68]-[70]).
28. On 2 December 2025, VTB brought a claim against Mr Kuanyshev and Mr Shlenskikh in Russia for payment of the guaranteed outstanding sum of RUB 7,191,396,362.56 (the “Russian Proceedings”). (Zolotukhin 1, [15], [17], [66])
29. On 16 December 2025, VTB made an application for a WFO in the DIFC against the Respondents. On 19 December 2025, H.E. Deputy Chief Justice Ali Al Madhani granted the WFO against each of Mr Kuanyshev, Mr Shlenskikh, Shev Energy, Mrs Kuanysheva and Ms Baymenova with a Return Date of 8 January 2026. (Zolotukhin 3, [9])
30. Paragraphs 9, 10 and 11 of the WFO were in the following terms:
“9. Unless paragraph 10 applies, each Respondent must within 5 working days of service of this Order and to the best of his ability inform the Applicant’s legal representatives of all his assets worldwide exceeding USD 10,000 in value whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.
10. If the provision of any of this information is likely to incriminate the Respondent, he may be entitled to refuse to provide it, but he is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide the information is contempt of court and may render the Respondent liable to be imprisoned, fined or have his assets seized.
11. Within 10 working days after being served with this Order, the Respondent must swear and serve on the Applicant’s legal representatives an affidavit setting out the above information, and (where possible) deliver up to the Applicant’s legal representatives documents or copies of documents which confirm their ownership of or interests in the assets identified in the affidavit.”
(collectively, the “Asset Disclosure Orders”) (Zolotukhin 3, [11])
31. Paragraph 16 of the WFO provided:
“The Claimants are granted permission to notify and serve the claim form, this Order and all other documents in these proceedings (“Documents”) on the Respondents by personal service, by leaving the Documents at the usual or last known residence or place of business or principal office of the Respondents, by courier and/or by means of electronic communication.” (Zolotukhin 3, [12])
32. VTB notified and served the claim form, WFO, and hearing bundle on all the Respondents by email on 19 December 2025 (as permitted under the terms of paragraph 16 of the WFO). VTB subsequently also served the relevant documents on each of the Respondents by courier and, in the case of Mrs Kuanyshev, by a process server. (Mednikov 1, [9]-[10], Zolotukhin 2 [10])
33. The Russian Court conducted an initial preliminary hearing on 24 December 2025 (Mednikov 1, [12]) and on 25 December 2025, the Russian Court granted the freezing order in order to seize the cash funds held in (i) Mr Kuanyshev’s account with Raiffeisenbank JSC, Moscow, and (ii) Mr Shlenskikh’s account with Bank CentreCredit JSC (Zolotukhin 1, [18], Mednikov 2, [16)).
34. On 5 and 6 January 2026, the Mr Kuanyshev and Mr Shlenskikh wrote to the Court acknowledging that they received the WFO on 19 December 2025 (Zolotukhin 2, [11]):
(1) 5 January 2026, 7:42 PM:
“With the utmost respect to the Honourable DIFC Courts, we refer to your email below and respectfully write to inform you as follows.
The Court’s demand was received by us only on 19 December 2025. At that time, a significant number of offices across the relevant jurisdictions were already operating on a reduced schedule or had effectively ceased operations due to the Christmas and New Year holiday period.
Over the past two weeks, we have nevertheless made diligent and bona fide efforts to engage legal counsel to represent us in these proceedings. However, despite these efforts, we have been unable to do so within the prescribed timeframe due to a combination of objective factors, including:
a) extended conflict-of-interest checks and KYC procedures, particularly in the context of sanctions-related considerations, which resulted in certain firms being unable to accept instructions;
b) the Christmas and year-end holiday period in the UAE, as well as public holidays in Russia, where Christmas is observed on 7 January 2026;
c) the necessity to translate a substantial volume of documents from Russian into English, a process that has taken longer than usual due to reduced capacity during the holiday period.
In light of the above circumstances, we sincerely apologise for our inability to submit the required documentation within the deadline indicated by the Registry.
We are, however, pleased to confirm that as of today we have identified a law firm willing to act on our behalf and are currently in the process of finalising our engagement with them.
The counsel will proceed promptly with the preparation and submission of all required materials.
We respectfully assure the Honourable Court of our full respect and of our genuine intention to engage fully, properly, and constructively in these proceedings.
Accordingly, we humbly and respectfully request that the Honourable Court grant a postponement of the Return Date Hearing for a period of at least two (2) weeks, to allow sufficient time to comply with the Court’s requirements and to submit all necessary documents in advance of the hearing.” [emphasis added]
(2) 6 January 2026, 1:54 PM:
“Submitted by:
The Defendant / YEvgeny Vyacheslavovich Shlenskikh
To the Registry of the Dubai International Financial Centre (DIFC) Courts,
At the outset, we sincerely thank you for granting the postponement of the hearing to 09 January 2026.
Secondly, we write to you regarding the hearing scheduled in the above- mentioned case, which is set to take place on 09 January 2026.
The Defendant respectfully submits this request to adjourn the hearing in order to be able to appoint legal counsel to review the case, prepare the defense, and submit the necessary documents, for a period that the Court deems sufficient. This request is made to ensure the achievement of the primary objective of properly adjudicating the case and achieving justice.
We further confirm that a copy of this email has been sent to the other party via email to VTB BANK PJSC, as well as to its legal representative, the lawyer, as per the attached.
We look forward to receiving the Court’s directions regarding this request.”
(3) 6 January 2025, 2:43 PM
“Submitted by:
The Defendant / Timur Orazbekovich Kuanyshev
To the Registry of the Dubai International Financial Centre (DIFC) Courts,
At the outset, we sincerely thank you for granting the postponement of the hearing to 09 January 2026.
Secondly, we write to you regarding the hearing scheduled in the above- mentioned case, which is set to take place on 09 January 2026.
The Defendant respectfully submits this request to adjourn the hearing in order to be able to appoint legal counsel to review the case, prepare the defense, and submit the necessary documents, for a period that the Court deems sufficient. This request is made to ensure the achievement of the primary objective of properly adjudicating the case and achieving justice.
We further confirm that a copy of this email has been sent to the other party via email to VTB BANK PJSC, as well as to its legal representative, the lawyer, as per the attached.
We look forward to receiving the Court’s directions regarding this request.”
35. On 6 January 2026, VTB applied to the Court for the terms of the WFO Order to be continued until further order (Zolotukhin 3, [15]-[17]). On 7 January 2026, I made the WFO Continuation Order in the following terms:
(1) The WFO Continuation Application is granted.
(2) The Return Date Hearing shall be rescheduled to 11am (GST) on 22 January 2026.
(3) The terms of paragraphs 4 to 15 and 18 to 24 of the WFO Order shall continue in effect, until further order of the Court.
(4) By no later than 4pm (GST) on 13 January 2026, the First Respondent shall provide a witness statement which, to the best of their knowledge and belief, confirms their understanding of the response of the Fourth Respondent to the WFO Order.
(5) By no later than 4pm (GST) on 13 January 2026, the Second Respondent shall provide a witness statement which, to the best of their knowledge and belief, confirms their understanding of the response of the Third and Fifth Respondent to the WFO Order.
36. The orders at paragraphs (4) and (5) above were prompted by, and intended to address, the failure of Mrs Kuanysheva, Shev Energy and Ms Baymenova to engage with the proceedings (collectively, the “Witness Statement Orders”).
37. The WFO Continuation Order was notified and served on the Respondents on 7 January 2026.
38. On 19 January 2026, VTB applied to vacate that return date hearing, in light of the Respondents’ failure to comply with the WFO and WFO Continuation Order. It requested that the hearing date of 22 January 2026 nonetheless be retained so that the Court give directions as to the Committal Application which VTB indicated that it would make. (Zolotukhin 3, [19])
39. VTB made the Committal Application on 21 January 2026. The Committal Application was notified and served on the Respondents by email on the same date.
40. None of the Respondents attended the hearing on 22 January 2026. At the hearing, I made the following orders:
(1) The Claimant’s Application to vacate the Return Date hearing is granted.
(2) The hearing for the Committal Application shall be listed on 11 March 2026, with a time estimate of 3 days. The Court shall proceed with the hearing regardless of any party’s non-attendance.
(3) By no later than 4pm (GST) on 9 February 2026, the Respondents shall file and serve any affidavit in the Committal Application.
(4) By no later than 4pm (GST) on 23 February 2026, the Applicant shall file and serve any affidavit in reply.
(5) By no later than 4pm (GST) on 4 March 2026, the parties shall file and exchange any written submissions.
(6) The requirement for personal service of the Committal Application and this Order on the Respondents shall be dispensed with.
(7) Service of the Committal Application, this Order, and other documents in these proceedings on the Respondents shall instead be effected by email to the email addresses set out in the Schedule.
(8) The deemed date of service shall be the second business day after the email containing the Committal Application and this Order is sent to each Respondent.
(9) The costs of the Return Date Hearing on 22 January 2026 shall be the Applicant’s in any event.
(10) The Court will not entertain any application by the Respondents to vary or set aside the WFO Order and/or the WFO Continuation order until the Committal Application has been determined and, to the extent the Respondents are found to be in contempt of court, each Respondent has purged their contempt respectively.
41. On 3 February 2026, VTB filed an application for a WFO over the assets of Mr and Mrs Kuanyshev in the Courts of England and Wales (“English WFO”), on the basis that Mr and Mrs Kuanyshev are resident in England and have assets in the jurisdiction.
42. On 6 February 2026, Mr Kuanyshev and Mr Shlenskikh emailed the Court and VTB the bundle referred to at paragraph 23(2) above. The purported “application” sought various orders alleged to be necessary to protect “highly sensitive banking/financial and asset location information”. The supporting documents contained the following:
(1) 95 pages containing irrelevant, repetitive and incomprehensible documents relation to Alaryani’s registration as a Part1 DIFC Practitioner;
(2) A witness statement from Dr Awad Alaryani dated 30 January 2026. It asserts – without any supporting evidence or detail –
(a) The Respondents have acted in absolute good faith throughout these proceedings. There has been no intentional defiance of this Honorable Court’s orders. Any perceived delay or non-compliance was entirely unintentional and does not constitute "Contempt of Court".
(b) Compliance with disclosure has been arduous due to the cross jurisdictional nature of the records.
(c) A substantial volume of evidence is held by third parties (financial institutions, service providers). These entities have shown extreme reluctance to cooperate promptly due to the geopolitical sensitivities and the sanctions regime affecting the Applicant (VTB Bank).
(d) The Respondent encountered real and material operational risks arising from the international sanctions, causing systemic disruptions in communication and banking channels, making strict adherence to procedural timelines practically impossible despite the Respondent’s best efforts.
None of this is admissible not being on affidavit and in any event is lacking in any credibility.
(3) An undated unsworn (but signed) draft affidavit of Mr Shlenskikh in which he acknowledged that he had not filed any asset disclosure. After making various excuses he said:
“I appreciate that these reasons do not remove my obligation. I therefore set out below the steps I am now taking immediately to comply, and I respectfully ask the Court to adopt a structured compliance timetable rather than proceeding to committal in circumstances where compliance can be achieved promptly.”
He continued:
“7. Since securing legal representation, I have taken (and will continue to take) the following steps:
(a) I have instructed my legal representatives to prepare an Asset Schedule in the format required and to file it in an appropriate form to protect confidential banking information (sealed and redacted versions).
(b) I am initiating requests to my banks and relevant institutions for statements/confirmations required to populate the Asset Schedule and to evidence balances and ownership.
(c) I will provide my legal representatives with all available information within my possession, custody or control without delay.
8. I propose the following timetable (subject to the Court’s directions) to complete compliance:
(a) Within 7 business days of the Court’s directions, I will file and serve an interim Asset Schedule based on information currently available, identifying any items pending third-party confirmations;
(b) Within 21 business days thereafter, I will file and serve a final updated Asset Schedule supported by available third-party documentation, or such other period as the Court considers appropriate.”
(4) An unsworn (but signed) draft affidavit of Mr Kuanyshev dated 29 January 2026 in identical terms;
(5) So-called “Compliance Packs” for Mr Kuanyshev and Mr Shlenskikh that contained no usable information. For Mr Shlenskikh there were references to bank accounts with accounts with Raifaisen Bank Russia and Forte Bank Kazakhstan. The accompanying documents appear to have had any relevant information blotted out. For Mr Kuanyshev there is refence to a bank account with Halyk Bank of Kazakhstan but no details and to 50% interests in Kazakh companies called Veles Holding Limited and Inari Holding Limited. No registration details are given.
43. The Russian Court held a case management conference on 9 February 2026.
44. On the same day, the English Court ordered (amongst other things) that Mr and Mrs Kuanyshev were obliged to (i) inform VTB’s legal representatives in England of all their assets worldwide exceeding GBP 5,000 in market value by 16 February 2026 and (ii) swear and serve on the said legal representatives an affidavit setting out that information by 23 February 2026. (Mednikov 2, [17])
45. Mr Shlenskikh filed a purported defence in the Russian proceedings on or around 18 February 2026.
46. Mr and Mrs Kuanyshev provided VTB with lists of assets on 18 and 20 February 2026 in purported compliance with the English WFO. They provided affidavits setting out their evidence in respect of their asset disclosure on 23 February 2026. Additionally, they appended to these affidavits a revised version of one of the lists, admitting that they missed out various assets in their earlier list.
47. A return date hearing for the English WFO took place on 27 February 2026, with the judgment being found at VTB Bank PJSC v Timur Orazbekovich Kuanyshev & Anor [2026] EWHC 591 (Comm). As recorded at [8] of this judgment, the parties agreed to an order continuing the English WFO. Furthermore, the English Court rejected Mr and Mrs Kuanyshev’s application to increase the financial value threshold for disclosure of assets from GBP 5,000 to GBP 25,000. I note that at [15(4)] it was submitted on behalf of Mr and Mrs Kuanyshev:
“The Respondents have complied with the WFO and disclosed their assets worth over £25,000. In light of that disclosure, it cannot reasonably be said that VTB does not now have a “meaningful and workable picture” of their assets by which to monitor the WFO. The Respondents’ most valuable assets are Mr Kuanyshev’s 50% interest in Andoro Trading Corp (Belize) and PMG Holding GmbH (Austria), which together hold assets with an estimated value of US$200 million. At their current estimated value, those assets alone would suffice to satisfy a judgment in VTB’s favour. The Respondents’ next most valuable assets are immoveable: they are the Blandings Plot (estimated worth £5-9 million) and freehold real estate in Kazakhstan (worth £9.5 million).”
48. On 2 March 2026, the Court wrote to the parties seeking confirmation as to whether the original date of the hearing of the Committal Application of 11 to 13 March 2026 could be adjourned and re-listed to 25 to 27 March 2026 as an in-person hearing.
49. On the same day, HAMP provided such confirmation, and the legal representatives for Mr Kuanyshev and Mr Shlenskikh confirmed “our availability on behalf of the First and Second Defendants” to attend the hearing on 25 to 27 March 2026 (emphasis added). On 3 March 2026, the Court re-scheduled the hearing of the Committal Application to 25 to 27 March 2026.
50. On 5 March 2026, the Court wrote to the parties stating that the hearing of the Committal Application would be conducted in person. The Court acknowledged that the situation remained “uncertain” and that it would “keep matters under review”. On 12 March 2026, the Court published a notice to Court Users stating that: “In light of current regional developments, we kindly ask that all court users continue following the official guidance issued by the Dubai and UAE authorities… Hearings… will continue to be conducted through the DIFC Courts’ digital channels in line with existing remote operating procedures”.
51. On 16 March 2026, the Russian Court gave an ex tempore judgment for VTB, with a formal order and reasons to follow. This was not confirmed by affidavit evidence. During the hearing on 25 March 2026, I required this to be confirmed. It is however to be noted that after some probing by me, Mr Kuanyshev reluctantly agreed this was true.
52. On the same day, Mr Shlenskikh filed a joinder application in a Russian bankruptcy case No. A75-19641/2025 commenced against Tarhovskoye LLC by LIOS LLC (the “Joinder Application”) which was referred to at the hearing on 25 March 2026. In the Joinder Application it was alleged on behalf of Mr Shlenskikh:
“On Saturday, March 14, 2025, the representative of Tarhovskoye LLC received the position of VTB Bank (PJSC), which contains not only false accusations of illegal actions allegedly committed by Evgeny Vyacheslavovich Shlenskikh but also contradicts many actual circumstances of the case. This position was presented directly to the applicant of the present application (Е.V. Shlenskikh), who submitted refuting evidence regarding the claims of VTB Bank (PJSC). At minimum, by providing the court with documentation from foreign jurisdictions (UAE), the bank failed to mention that there are also ongoing lawsuits in the jurisdiction of the United Kingdom.
Thus, in refutation of the stated facts, VTB Bank claimed alleged falsification of documents (bank payment orders) and asserted that Е. Shlenskikh allegedly has no accounts in UAE banks. However, the bank misleads the court in the following respects:
1. In the UAE, there is litigation between VTB Bank and Е. Shlenskikh, which has not been resolved because VTB Bank is а sanctioned bank and lacks sufficient legal capacity to provide evidence and documentation regarding the disputes.
2. The evidence presented by VTB Bank in the form of correspondence with an associate in the UAE, Habib Al-Mulla, is not admissible, as this representative was suspended from handling cases in the UAE related to VTB Bank due to engaging in unlawful actions during the court proceedings. This information was concealed by VTB Bank (PJSC) from the court when submitting documents.
3. The stated arguments regarding document falsification are unfounded, insofar as:
1. First Abu Dhabi Bank provided а response to VTB Bank's request after the SHEV ENERGY LLC-FZ account was closed and the relationship between the bank and the legal entity had terminated. After the account closure, it is logical for the bank to respond that the client no longer exists at the bank.
2.The translation of First Abu Dhabi Bank’s response indicates that, as of the date of the request, the bank did not have such а client; however it does not state that а letter purportedly issued in favor of VTB was unavailable. No criminal cases or other evidence substantiating the alleged falsification of the letter have been presented. Moreover, contrary to the position presented by the bank, the submitted payment slip from First Abu Dhabi Bank for а transfer exceeding $48 mln in favor of PNG JSC is not disputed. The organization did indeed receive this amount, and no evidence to the contrary has been provided. It should be noted that this payment closed the account of the client SHЕV ENERGY LLC-FZ at this bank.
3. Regarding ADIB Bank’s response, it is stated that no such letter was sent solely by the representative Habib Al-Mulla, who was suspended from handling VTB Bank's cases in the UAE. There are no responses directly from the bank confirming that it did not issue such a letter. Nor are there any other circumstances mentioned in Clause 2 regarding the other bank. Furthermore, as seen from the correspondence, the bank inexplicably requested information regarding the organization rather than Evgeny Shlenskikh, whose account is personal property and protected by banking secrecy. Thus, the bank misleads the court by suggesting that the allegedly presented evidence is falsified, which is in fact defamatory, as asserted by VTB Bank.
It is even more concerning that the submitted documents do not contain the ADIB Bank logo, although it appears in the translations. The correspondence was conducted only with а specialist in the Corporate Law Department of Habib Al-Mulla & Partners 1984 and not with ADIB Bank. We believe it is necessary to require the submission of the originals of these documents to the court.
[…]
While claiming that payments to creditors were impossible, VTB Bank also failed to mention that it itself attempted to seize the assets and funds of Evgeny Shlenskikh in the UAE and United Kingdom, totalling more than RUB 10 bln (evidence provided by the bank itself in its written explanations and appendices), most of which attempts were denied.
It should be noted that the interests of E.V. Shlenskikh are directly affected by this case and the present arguments, since VTB Bank (PJSC) has made false and defamatory allegations against the applicant of this application. Failure to admit Е. Shlenskikh in the present case will, in fact, constitute а limitation on Е. Shlenskikh's access to justice and his ability to refute the stated allegations and provide rebuttal evidence in connection with the foregoing.”
[original emphasis – in translation]
53. I was concerned about the allegation that HAMP is suspended from handling cases in the UAE related to VTB Bank due to engaging in unlawful actions during the court proceedings. During the hearing, I directed that the allegation should be addressed on affidavit.
54. On 17 March 2026, HAMP wrote to the Court requesting that the Committal Application be heard remotely in light of the DIFC Courts’ announcement that, as a precautionary measure, their offices were closed and services would continue through digital channels, the current travel advice issued by the UK, Russian, and Kazakh authorities concerning travel to the UAE, and the recent drone interception-related incident affecting a building in the DIFC.
55. On the same day, Mr Kuanyshev and Mr Shlenskikh confirmed their agreement to the remote hearing of the Committal Application.
56. Also, that day, Alaryani filed “Respondents’ Written Submissions in Opposition to Committal Application (Application No. CFI-121-2025/4), filed on behalf of the First and Second Respondents, together with Appendix (1) – Schedule A (Compliance Chronology), Appendix (2) – Filing Checklist, and supporting exhibits A1–A11.” The document stated:
“Further, in the context of the proceedings commenced in Russia (Meshchansky District Court - Moscow, case no. 02-2515/2026), and during the hearing of 16 March 2026, the Respondents delivered/sent to the Claimant (VTB) a settlement proposal and debt restructuring proposal with a detailed repayment schedule. This confirms the Respondents' good faith and serious intention to repay the indebtedness by way of scheduling under a clear and workable mechanism, particularly in light of banking compliance constraints related to US sanctions which, according to the Respondents' position, affect direct repayment channels and require a clear procedural arrangement…
The Respondents rely on Schedule (A) (Compliance Chronology) appended to these submissions. Schedule (A), together with the supporting documents, sets out the key dates and steps including:
● Dates of notice and/or service of the relevant orders;
● Dates of instruction of legal representatives before the DIFC Courts;
● Dates of requests for information sent to banks and any other third parties, and their responses;
● What was served and/or filed, and when; and
● Any objective reasons for delay (if any), including response times of cross-border banks and technical issues related to filing.
Schedule (A) has been filed to assist the Court and to demonstrate the steps taken in good faith and the absence of any deliberate and knowing disobedience. In summary, the Respondents were notified/served on 31 December 2025, DIFC legal representatives were instructed on 23 January 2026, and compliance materials were served on 6 February 2026 (see Schedule (A)).”
57. The document also demonstrated a fundamental failure on the part of Alaryani to understand the very nature of these proceedings. They stated:
“ Where the Claimant's own case is that the Committal Application "arose from" an alleged failure to comply with a foreign (English) order, the application is unsound to the extent that it seeks a committal sanction before the DIFC Courts for non-compliance with a foreign order as such.
Committal before the DIFC Courts must be founded on a clear and binding order of this Court …”
These proceedings are, of course, self-evidently not brought in respect of an alleged failure to comply with a foreign (English) order but are founded on what is submitted to be on a clear and binding order of this Court.
58. On 19 March 2026, Alaryani submitted to two identical documents entitled “Statement of Defence and Response” on behalf of Mr Kuanyshev, Mr Shlenskikh and Shev Energy. I will cite some passages:
(1) Paragraph 6:
“The Defendants regularly paid instalments and interest to the Claimant Bank in accordance with the agreed repayment schedule until June and July 2025. However, due to the tightening of severe U.S. sanctions imposed on the Claimant Bank, its complete isolation from the global financial system, and its designation since February 2022 on the U.S. O ice of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons (SDN) List—sanctions which remain in force and have been further intensified—resulting in a complete prohibition on the Claimant Bank, freezing of all its assets and branches, and a ban on dealings with it by U.S. and non-U.S. persons alike, and given the imposition of sanctions on any party dealing with the Claimant Bank, the Defendants temporarily froze repayments due to legal impossibility of performance and force majeure arising from the sanctions, and out of fear of being subjected to sanctions that could halt their commercial activities, pending the issuance of lawful licenses permitting payment through approved channels that do not violate the international financial system.
Any payment by the Defendants would be seized and frozen by the U.S. administration for its own account rather than credited to the Claimant Bank, in addition to sanctions being imposed on the Defendants.” [original emphasis]
(2) Paragraph 8 described the basis of the WFO and WFO Contention Order as “on the alleged existence of a financial claim arising from a loan/guarantee and alleged future judgments in Russia—claims that are contrary to fact and reality.”
(3) “First: Objection and Reference”:
“The Defendants reject the continuation of the freezing of their assets and deny and repudiate all allegations and misleading statements contained in the Claimant’s Statement of Claim, to which reference is made to avoid repetition and in deference to the Honorable Court’s time, without conceding any of the allegations or grounds therein, which are based on non-material reasons, manifestly invalid defences, erroneous facts, contrary to the documents, and inconsistent with the true facts, particularly as the Defendants have not refused to pay.”
(4) “Second: Plea of Lack of Jurisdiction and Rejection of the Interim Freezing Order”:
“1. Exclusive jurisdiction of the Russian court pursuant to the Guarantee Agreement and an express jurisdiction clause:
(a) The Guarantee Agreement expressly provides in Clause (8/5) that:
“Disputes or disagreements arising out of the Agreement which the Parties fail to resolve by agreement shall be subject to consideration in accordance with the legislation in force in the Russian Federation by the Meshchansky District Court of Moscow.”
…
(b) The jurisdiction relied upon by the Claimant under Article 15(4) of Law No. (2) of 2025 to obtain a freezing order is limited and interim, intended only to support foreign proceedings, and does not confer jurisdiction to determine the merits. The Court may not adjudicate the validity of the underlying claim, but only interim measures. This power must be exercised cautiously to avoid encroaching upon the agreed primary jurisdiction of the Russian court and to prevent conflicting judgments and duplicative litigation. Issuing a worldwide freezing order in circumstances where a competent foreign court is already seized, without any preliminary judgment, violates the principle of international comity—a principle consistently observed by the DIFC Courts.
Recent judicial decisions (e.g., Appeal No. 2 of 2024) have emphasized respect for jurisdictional boundaries between local courts and the DIFC Courts and the prevention of abusive parallel proceedings.
The Court of Appeal (as the highest judicial authority in the DIFC) has held that the DIFC Courts should not issue worldwide freezing orders merely to support foreign proceedings unless the defendant has assets within the DIFC or a strong connection thereto. (Case No. [2023] DIFC CA 003, Sandra Holding v. Al-Rasheed)
The Court held that expanding such orders violates international comity and interferes with the jurisdiction of foreign courts seized of the merits, potentially leading to conflicting judgments.
Similarly, the DIFC Courts have consistently affirmed the need for judicial restraint when issuing orders affecting foreign disputes.
(Case No. [2017] DIFC CA 001, Barclays Bank PLC v. Sahara)”
[original emphasis]
(5) “Third: Plea of Lack of Jurisdiction for Abuse of Process” states
“DIFC jurisprudence has consistently held that international comity requires refraining from issuing worldwide freezing orders where the dispute lacks a genuine connection to the DIFC and a foreign court is already seized.
(Case No. [2020] DIFC CA 005, Jones v. Jones)”
[original emphasis]
(6) “Prayer for Relief”
“For all the foregoing reasons, and for any others deemed appropriate by this Honorable Court, the Defendants respectfully request:
1. To uphold the plea of lack of jurisdiction of the courts of the United Arab Emirates and the DIFC.
2. To set aside and nullify the worldwide freezing order issued on 19 December 2025.
3. To reject the Claimant’s request to continue the freezing order for failure to satisfy legal requirements and absence of any imminent risk or preliminary judgment by the competent Russian court.
4. To compel acceptance of settlement, including immediate payment of 15% of the loan amount and an amicable restructuring, ensuring no U.S. sanctions are imposed.
5. In the alternative, to limit any order geographically or monetarily and require the Claimant to provide adequate bank security covering all potential damages.”
59. I make the following comments:
(1) This was the first occasion on which it was suggested that the Defendants “temporarily froze repayments due to legal impossibility of performance and force majeure”. There is no evidence to support the statement. It is inconsistent with the attempts to reschedule the debt. It is counter intuitive as it appears unlikely that international sanctions would impact a domestic Russian transaction;
(2) As will be seen at paragraph 51 above the Russian Court subsequently gave judgment against Mr Kuanyshev and Mr Shlenskikh so the suggestion that VTB’s claims were “contrary to fact and reality” would appear to be unfounded hyperbole;
(3) No details were given of the “non-material reasons, manifestly invalid defences, erroneous facts, contrary to the documents, and inconsistent with the true facts”;
(4) I strongly suspect that “Second: Plea of Lack of Jurisdiction and Rejection of the Interim Freezing Order” and “Third: Plea of Lack of Jurisdiction for Abuse of Process” were written by a Large Language Model like ChatGPT because not only are they plausible but wrong, they also contain a number of “hallucinations” inventing fake authorities. In particular,
(a) Article 15(4) of Law No. (2) of 2025 relates to the Court’s powers to grant applications for interim or precautionary measures related to arbitral proceedings not proceedings in foreign courts;
(b) Appeal No. 2 of 2024 - Lals Holdings Limited (and The Companies Identified In Schedules 1 To 3 Of The Claim Form) v (1) Emirates Insurance Company (PSC) (2) Siaci Insurance Brokers LLC [2024] DIFC CA 002 says nothing about “jurisdictional boundaries between local courts and the DIFC Courts and the prevention of abusive parallel proceedings” and in any event the Russian Court could not on any rational basis be descried as “local”;
(c) There is no such case as Sandra Holding v. Al-Rasheed. (1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh v (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi [2023] DIFC CA 003, 6 September 2023 did indeed address the Court’s powers to grant WFOs but it was overruled by Carmon Reestrutura-engenharia E Serviços Técnios Especiais, (Su) LDA v Antonio Joao Catete Lopes Cuenda [2024] DIFC CA 003, 26 November 2024, [204];
(d) There is no such case as Case No. [2017] DIFC CA 001, Barclays Bank PLC v. Sahara. The case with that reference is King and Wood Mallesons (Mena) LLP and Meydan Group LLC and Banyan Tree Corporate Pte Limited [2017] DIFC CA 001 and has nothing to do with “judicial restraint when issuing orders affecting foreign disputes”; and
(e) There is no such case as Case No. [2020] DIFC CA 005, Jones v. Jones.
If I am correct that the foregoing was written by AI there will have been non- compliance with “Practical Guidance Note No. 2 of 2023 Guidelines on the use of large language models and generative AI in proceedings before the DIFC Courts”;
(5) I accept that Prayers for Relief 1, 2, 3 and 5 are legitimate responses on the return date of a WFO, however I find 4 strange, even if it were within the powers of the Court (which it is not) it is wholly inconsistent with the submission that the DIFC Courts lack jurisdiction over the underlying dispute.
60. The hearing of the Committal Application took place 25 March 2026. Alaryani had not applied for rights of audience before the Court and so Mr Kuanyshev was left to represent himself. Mr Shlenskikh claimed that he could not access the remote hearing link and did not attend. Nothing was heard from the other Defendants.
61. During the hearing, it was brought to my attention that on 24 March 2026, Alaryani on behalf of Mrs Kuanysheva had filed an Acknowledgement of Service disputing the jurisdiction. The Acknowledgement of Service was accompanied by “Written Submissions” purporting to challenge the Court’s jurisdiction although neither she, nor any Defendant, has made any application to the Court for an order declaring that it has no such jurisdiction. She also produced a brief witness statement stating:
(1) She is not a party to the Credit Agreement relied upon by the Claimant. She did not sign the Credit Agreement;
(2) She did not sign any guarantee, security document, undertaking, or any other instrument in favour of the Claimant in relation to the alleged debt in these proceedings;
(3) Save for her marital relationship with the First Defendant, she has no contractual relationship with the Claimant; and
(4) She respectfully requests that the Court dismiss/strike out the claim against her and remove her as a party.
62. The material deployed by Mrs Kuanysheva is again inadmissible in these proceedings but in fairness to her it does not appear to be addressed to the Committal Application.
63. As noted at paragraph 23(5) above, Alaryani emailed the Court after hours on 25 March 2026 with purported “SUPPLEMENTAL SUBMISSIONS Filed by the Respondent In Reply to Matters Raised at the Hearing of 26 March 2026 In the Committal Proceedings” on behalf of Mrs Kuanysheva. No permission had been sought or given to file supplemental submissions. The submissions were accompanied by a copy of what was said to be a duly and legalised copy of “the Marriage Agreement” between the Mr and Mrs Kuanyshev. It was submitted:
(1) The respondent confirms unequivocally that she is not a party to the loan agreement which is the subject of these proceedings and did not execute it, was not a party to any obligation arising therefrom, did not receive any money as pursuant to it, and bears no legal responsibility connected with it;
(2) Further, the Claimant has produced no document establishing that the Respondent is a party to that agreement or is any way liable under it. Accordingly, the attempt to link the Respondent to the loan agreement is without proper legal basis; and
(3) The Marriage Agreement has been produced solely for the purpose of demonstrating the true financial legal position of the Respondent and to clarify the ownership of funds and assets. This is a matter of central importance in the context of a committal application where full clarity as to the financial position is required and no assets or liabilities may be properly assumed in the absence of evidence. The dully authenticated agreement further confirms that there has been no deliberate concealment of assets.
64. Even if the submissions were admissible in the absence of evidence on affidavit (which they are not) it is not explained how the Marriage Certificate demonstrates the true financial legal position of the Respondent and to clarify the ownership of funds and assets.
65. Accompanying the submissions (again unsupported by affidavit evidence) is a purporting to be “FINAL SUPPLEMENTAL SUBMISSIONS Filed During the Hearing For the Continued Hearing on 26 March 2026”. No suggestion was made on 25 March 2026 that the hearing should continue on 26 March 2026. No permission was given to serve supplemental submissions. It was suggested that the Respondents [sic] rely on the documents already filed, including the Asset List dated 18 February 2026, the Asset List dated 20 February 2026, the Compliance Schedule, supporting documents and the Field Fisher letter dated 19 March 2026. Bizarrely the submissions were dated 24 March 2026, before the hearing rather than during as advertised. Annexed are “Respondents' List of Assets dated 18 February 2026”. This appears to be the incomplete list referred to at paragraph 46 above. It failed to include Mr Kuanyshev’s 50% interest in Andoro Trading Corp (Belize) and PMG Holding GmbH (Austria) (paragraph 47 above).
66. On 3 April 2026 VTB filed Mazur 1 in accordance with my direction at paragraph 51 above and Mednikov 3 in accordance with my direction at paragraph 52 above.
67. Mr Mazur stated:
“12. On 16 March 2026, the Russian Court held a trial of VTB's claim. In advance of the trial, VTB filed a reply to the statement of defence submitted by the Second Respondent, in which VTB confirmed that it was not engaged In settlement negotiations with the defendants (as was alleged by the Second Respondent in his defence).
13. After hearing from me and counsel for the Second Respondent, the Russian Court gave ex tempore Judgment for VTB and awarded VTB all the sums claimed In the Russian Proceedings (namely, the outstanding sum of RUB 7,191,396,362.56 due under the Guarantee Agreements).”
68. Mednikov 3 stated:
“The second assertion that either HAMP or I have been “suspended from handling cases in the UAE related to VTB Bank” is entirely false. No such ‘suspension’ has been put in place by any authority. I confirm that HAMP and I properly represented VTB in the course of these proceedings and continue to do so pursuant to the required registrations. It is further denied that either HAMP or I personally have engaged in any “unlawful actions during the court proceedings”. This is wholly unsubstantiated and untrue.”
The affidavit also addressed other matters but I have not given permissions for VTB to address anything other than the allegation that HAMP was suspended from handling cases of VTB. I will therefore disallow and ignore that evidence
THE HEARING
69. At the Hearing, VTB was represented by Robin Barclay KC and Nathalie Koh. As noted at paragraph 60 above, Mr Kuanyshev appeared in person but the other Defendants neither appeared nor were represented although Alaryani were on the video call.
70. Mr Barclay began by saying that he did not press his application to cross-examine the Defendants. He noted that shortly after 7pm the night before the Hearing, Mrs Kuanysheva had served her Acknowledgment of Service stating her intention to challenge the jurisdiction of the Court but that in its Order of 23 January 2023 the Court had directed that it would not entertain any application by the Respondents to vary or set aside the WFO Order and/or the WFO Continuation order until the Committal Application has been determined and, to the extent the Respondents are found to be in contempt of court, each Respondent has purged their contempt respectively. I stated that there was no application to challenge the jurisdiction before me.
71. He then outlined the procedural history. He referred in particular to the emails to the Court of 5 and 6 January 2026 set out at paragraph 34 above. He pointed out that:
(1) Mr Kuanyshev, Mr Shlenskikh and Shev Energy accepted they had been served;
(2) They had engaged legal counsel;
(3) Their correspondence was in good English;
(4) They stated their “genuine intention to engage fully, properly, and constructively in these proceedings” and “to comply with the Court’s requirement and to submit all necessary documents in advance of the hearing”; and
(5) The emails were copied to “Munira”, i.e. Ms Baymenova.
72. He noted that Alaryani were registered as Part 1 DIFC Practitioners on 20 January 2026.
73. Mr Barclay went on to address the law beginning with the trifold necessity in order to establish contempt of court that it must be proved beyond reasonable doubt that: (i) the alleged contemnor knew of the terms of the order; (ii) that they acted (or failed to act) in a manner which involved a breach of the order; and (iii) that they knew of the facts which made their conduct a breach. He went on to refer to the guidance in Lateef and SBM. In relation to the latter he drew may attention in particular to paragraph [16] of SBM:
“Mr Duckworth confirmed in his skeleton argument that a full list of the First and Second Defendants’ assets was in the process of being compiled and that the same included information on some 27 bank accounts. This was the first instance in which the First and Second Defendants represented to the Court that they were intending to comply with the information provisions of the Order. However, at the time of the hearing, those provisions had still not been complied with. The First and Second Defendants’ representatives had been on the record by the time of the hearing for 3 months, presumably having been provided with instructions before then. I do not accept that any party can be so laissez-faire about their assets, or that assets might be so extensive that a party cannot provide even a partial account thereof within the time allotted to provide information. It was stated numerous times throughout the hearing that the First and Second Defendants’ ability to comply had been hampered due to only having partial legal representation due in turn to funding issues. When a legal representative comes on the Court record, they cannot pick and choose the extent to which they represent their client, whether they are paid or not. Either they are on the Court record or they are not. In any event, the terms of the Order are clear and it does not take specialist knowledge to understand the information that needed to be provided. I therefore find the First and Second Defendants in breach of the Order and in contempt of Court.” [my emphasis]
74. He then turned to the Count 1 (paragraph 6(1) above). He said that each Respondent was aware of the WFO and properly served.
(1) Mr Kuanyshev (from a Shev Energy email address) and Mr Shlenskikh accepted they had been served in their emails of 5 and 6 January 2026 and these were copied to the other Respondents.
(2) In respect of Mrs Kuanyshev, the documents were also (i) personally served by courier at her residential address in the UK on 20 December 2025 and (ii) served by process server in the UK on 30 December 2025. In respect of Mrs Baymenova, the documents were also personally served by courier at her residential address in Russia on 27 December 2025. Furthermore, it is reasonable to conclude that Mrs Baymenova and Mrs Kuanyshev were made aware of the terms of the WFO by virtue of their marriage to and relationship with Mr Shlenskikh and Mr Kuanyshev respectively.
(3) I observe that Mrs Kuanysheva has in fact filed her own Acknowledgment of Service.
(4) None of the submissions suggest that the Respondents were not served. The Respondents are represented by Part 1 DIFC Practitioners who will have advised them of the terms of the Court’s Orders.
75. As to the second element – breach - he submitted that each Respondent breached the WFO. Specifically, the Respondents breached the Asset Disclosure Orders set out above, which required them to disclose information concerning their worldwide assets exceeding USD 10,000 in value and serve an affidavit in respect of the same. Given that the WFO was notified and served on the evening of 19 December 2025 (with the effective date of service thus being 22 December 2025), the Respondents were required to comply with the Asset Disclosure Orders on 29 December 2025 and 5 January 2026 respectively.
(1) The so-called “Appendix (1) - Schedule (A): Compliance Chronology” (see paragraph 56 above) referred to “Service of the asset disclosure schedule (if any)” dated 6 February 2026. This was a reference to the so-called “Compliance Packs” (see paragraph 42(5) above) which made no disclosure.
(2) The annexed Forte Bank document shows no amount (ibid.).
(3) The annexed Raiffeisen Bank document had been deliberately redacted (ibid.).
(4) In particular the “Compliance Packs” fail to disclose the interests in Andoro Trading Corp (Belize) and PMG Holding GmbH (Austria) (see paragraph 47 above).
(5) There is no reference to interests held by Mr Kuanyshev and Mrs Kuanysheva in numerous companies identified in the English WO, particular a company called Batt Invest LLP, the email address for which appeared in Mr Kuanyshev’s and Mr Shlenskikh’s email correspondence with the Court on 5 and 6 January 2026 but also in Alaryani’s emails to Court.
(6) The schedules provided for Mr Kuanyshev and Mr Shlenskikh are materially incomplete.
(7) No schedules were provided for Shev Energy, Mrs Kuanysheva or Ms Baymenova at the time of the hearing. I do note that after the Hearing, Mrs Kuanysheva purported to provide a schedule but also that that too is materially incomplete (see paragraph 65 above).
(8) VTB relies on the admission in the purported affidavits of Mr Kuanyshev and Mr Shlenskikh - “I acknowledge that, as at the date of this affidavit, I have not filed any asset disclosure in compliance with the Disclosure Order”. I note that in the 17 March 2026 document Alaryani submits that, “an acknowledgment that the obligation exists, together with an explanation of practical reasons and steps being taken, is not an admission of contempt. The test for contempt is deliberate and knowing disobedience beyond reasonable doubt.”
(9) As to Dr Alaryani’s witness statement dated 30 January 2026 (paragraph 42(2) above), even if admissible, is full of ill-founded excused rejected by the courts in the reported cases. None of what is said is backed up by any evidence. The alleged “cross jurisdictional nature of the records” did not seem to be a problem in the English proceedings. The reference to data held by third parties is unclear. The suggestion that international sanctions has made compliance impossible is patently false.
(10) In summary there is clear breach on the part of all Respondents.
76. Mr Barclay turned to the third element. He submitted that the Respondents were all aware of their breach and that Mr Kuanyshev and Mr Shlenskikh admitted as much. The email chain has been copied to all the Respondents and, the Third and Fourth Respondents are married to the First and Second Respondents.
77. Mr Barclay then moved on to Count 2. I informed him that I do not regard Count 2, while it would (if proved) be a breach of a separate Order, to amount to a freestanding contempt, but at most another aspect of Count 1. Either the three elements are proved in relation to Count 1 or they are not. If they are not, I find it hard to imagine that it could be contempt on the part of Mr Kuanyshev and Mr Shlenskikh not to explain to the Court the position of partes who were not themselves in contempt. It might be a breach one would sanction in other ways short of a finding of contempt. Consequently. I shall not prolong this judgment with a consideration of Count 2.
78. It was then the turn of Mr Kuanyshev to address the Court. He essentially read out a prepared script reflecting the documents submitted. He claimed that any breaches were curable. He said there may have been delay but it was not contempt because there were good reasons – cross-border issues and sanctions. He said that he had made settlement proposals to VTB.
79. Mr Kuanyshev admitted that he understood his obligations. Any delay was only because he was collecting information. He never tried to hide anything. If there was delay, he was sorry. He will try to comply with the Order.
80. I asked him when he will comply with the Order, he replied that he hoped it would be soon.
81. I asked him why he and his wife complied with the English Order but did not comply with the Order of this Court. He said it was on the advice of counsel.
82. In reply (and in advance of reply), Mr Barclay submitted that to suggest the breach is curable is logically unsound. The Respondents have had 3 months to comply and failed to do so. That they have made no attempt to cure the breach speaks volumes. There is no explanation for non-compliance.
83. He continued that any settlement proposals that the Respondents may have made to VTB are irrelevant. In any event, he said, they are more of the same and just an attempt to buy time.
84. He rejected any suggestion that the Respondents had acted in good faith as untrue and submitted all the evidence demonstrated that they were acting in bad faith.
DECISION
85. When Mr Kuanyshev came to make oral submissions, I offered him the opportunity to give evidence pursuant to RDC 52.14. I explained to him that if he did choose to give evidence, he would be open to cross-examination. I also informed him of his privilege against self-incrimination. He declined to give evidence. It follows that no admissible evidence has been adduced on behalf of any Respondent.
86. Given that the Respondents are represented by legal counsel, I find it extraordinary that no admissible evidence has been served. I can only think that in serving purported but inadmissible evidence the most likely reason the Respondents have acted in breach of the Court’s Rules in failing to provide evidence on affidavit, is a misguided attempt to avoid criminal liability for perjury.
87. Even if the so-called evidence were admissible, I would reject it. The purported reasons for delay do not bear scrutiny, are mere assertion and are unsupported by any objective evidence or indeed any evidence at all.
88. In the draft affidavits, Mr Kuanyshev and Mr Shlenskikh claim that they had no intention to disobey the Orders of this Court. They say their failure to provide the required disclosure to date was not deliberate. It arose from a combination of practical and representation-related issues, including:
(1) efforts to identify and instruct DIFC-qualified legal representatives;
(2) the time required for counsel to be registered / appear on the Court record; and
(3) the need to collect information and documents from third parties (including banks and other institutions).
89. This is demonstrably false. Alaryani had been instructed and registered by 20 January 2026. Mr Kuanyshev and Mrs Kuanysheva were able to comply with the English WFO. There is no reason why they should have complied that order but not the Order of this Court.
90. I do not accept Mr Kuanyshev’s evidence that it was on counsel’s advice. No DIFC Registered Practitioner acting in accordance with their professional duties could advise a client to disobey an order of the Court. Any competent legal practitioner would be bound to advise a client that a Court order must be complied with unless and until it is varied, suspended or set aside. I therefore conclude that Mr Kuanyshev and Mrs Kuanysheva deliberately flouted the WFO.
91. I consider any suggestion that the so-called “Compliance Packs” served on 6 February 2026 satisfy the Respondents’ obligations under the WFO to be an insult to the intelligence.
92. In the draft affidavits served at the same time, Mr Kuanyshev and Mr Shlenskikh stated:
“7. Since securing legal representation, I have taken (and will continue to take) the following steps:
(a) I have instructed my legal representatives to prepare an Asset Schedule in the format required and to file it in an appropriate form to protect confidential banking information (sealed and redacted versions).
(b) I am initiating requests to my banks and relevant institutions for statements/confirmations required to populate the Asset Schedule and to evidence balances and ownership.
(c) I will provide my legal representatives with all available information within my possession, custody or control without delay.
8. I propose the following timetable (subject to the Court’s directions) to complete compliance:
(a) Within 7 business days of the Court’s directions, I will file and serve an interim Asset Schedule based on information currently available, identifying any items pending third-party confirmations;
(b) Within 21 business days thereafter, I will file and serve a final updated Asset Schedule supported by available third-party documentation, or such other period as the Court considers appropriate.”
93. Paragraph 7 appears to be an acceptance that the so-called “Compliance Packs” were inadequate. Nothing promised was done thereafter. These empty promises turned out to be completely false.
94. Mr Kuanyshev gave a disingenuous non-apology in the course of his submissions: “If the Court thinks there has been delay, I apologise” [my emphasis]. Those are more empty words; as was his “hope” to comply with the Order “soon”.
95. I am satisfied beyond reasonable doubt that the Respondents and each of them have engaged in a cynical policy of delay, deceit and obfuscation. I do not accept, notwithstanding their protestations to the contrary, that any of the Respondents has ever had the slightest intention of disclosing the full extent of their assets in compliance with the Orders of this Court.
96. I am satisfied beyond reasonable doubt that that the Respondents and each of them are guilty of the contempt of Court set out as Count 1 in the Committal Application. On the evidence before me, I am satisfied beyond reasonable doubt that each of the Respondents knew of the terms of the Order, failed to act in a manner which involved a breach of the Order, and knew of the facts which made their conduct a breach.
97. Turning to penalty, the breaches were intentional and egregious. There is no mitigation available here because there is no admission of breach, let alone admission of the seriousness of the breach, no cooperation in mitigating its consequences nor any apology to the Court (see paragraph 18 above). Any penalty must adequately reflect the seriousness of the deliberate and continuing breach of the orders of the Court.
98. Further, in my judgment, the fact that Mr Kuanyshev and Mrs Kuanysheva complied with the English WFO but ignored the Order of this Court amounts deliberate disrespect of the Court and an aggravating factor. Their position is therefore even more serious than that of the other Respondents who disobeyed the Order.
99. I order that:
(1) Mr Kuanyshev shall pay a fine of USD 250,000;
(2) Mr Shlenskikh shall pay a fine of USD 150,000;
(3) Shev Energy shall pay a fine of USD 150,000;
(4) Mrs Kuanysheva shall pay a fine of USD 250,000; and
(5) Ms Baymenova shall pay a fine of USD 150,000
to the DIFC Courts within 28 days of the Order.
100. The said fines and each of them shall continue at the rate of USD 10,000 per day unless and until each of the Defendants/Respondents fully and properly comply with the terms of the WFO.
101. Further, each of the Defendants/Respondents shall be referred to the Attorney General of Dubai pursuant to Article 35(B) of the Courts Law. The reference shall inform the Attorney General that under DIFC law and practice breach of a court order is always serious because it undermines the administration of justice, and imprisonment is likely to be required to punish serious contempt and manifest the Court’s disapproval of the breach of its orders, in particular where there is a continuing failure to disclose relevant information, the court should consider imposing a long sentence.
102. As this matter was listed for more than one day, the parties were not obliged to file statements of costs in accordance with RDC 38.34. I therefore direct:
(1) The Claimant shall file submissions of not more than 4 pages with a statement of costs in the usual form for summary assessment within 5 working days of the date of this Order;
(2) The Defendants shall file submissions in reply to those costs submissions within 3 working days thereafter;
(3) The Claimant shall file any reply submissions on costs within 3 working days thereafter, limited to 4 pages.
POSTSCRIPT
103. After this judgment was drafted, without the permission of the Court:
(1) On 7 April 2026 Alaryani purported to serve “THE FIRST RESPONDENT’S SUBMISSIONS IN REPLY TO THE FIRST AFFIDAVIT OF ANDREY MAZUR DATED 2 APRIL 2026, TOGETHER WITH EXHIBIT AM-1, AND THE THIRD AFFIDAVIT OF DIMITRIY MEDNIKOV DATED 3 APRIL 2026, TOGETHER WITH EXHIBIT DM-3” In that document it was asserted that “The Russian judgment exhibited within AM-1 is not a final and conclusive judgment. It is a short-form judgment which expressly states that it may be appealed to the Moscow City Court through the Meshchansky District Court of Moscow within one month from the date on which the judgment is prepared in its full form.” Even if permission had been granted and even if the assertion were true, it would be inadmissible as this is yet another breach of the RDC in failing to serve evidence by affidavit. The document then went on to make submissions on the weight to be attached to the affidavits of Andrey Mazur and Dimitriy Mednikov. What I find particularly offensive is the joinder of issue with Mednikov 3 the function of which was to address the false allegations in the Russian Courts that Mr Mednikov and HAMP had been suspended from handling cases in the UAE related to VTB Bank. It is unacceptable that a DIFC Registered Practitioner should associate themselves with unfounded allegations against another and could, arguably, constitute contempt of court within the meaning of Article 35(A)(1) of the Courts Law;
(2) By email to the Court Registry on 8 April 2026, Alaryani purported to serve similar but not identical submissions on behalf of Ms Baymenova. The same observation apply: the submissions were served without permission, are not verified by affidavit and are inadmissible;
(3) Later the same day, Alaryani purported to serve submissions identical to those of Mr Kuanyshev on behalf of Mr Shlenskikh;
(4) On 9 April 2026 Alaryani refiled Mr Kuanyshev’s submissions saying that the “earlier filing was submitted in error on 6 April 2026”. The error was not explained, and the submissions appear to be in identical terms to the earlier.
104. I have no hesitation in disregarding these inadmissible documents. I should also add that in my view in filing these documents and in their conduct throughout these proceedings Alaryani have consistently and unreasonably failed to comply with the applicable provisions of the RDC.