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Bermuda link in fight over Russian bank

The battle for majority control of a Russian bank is partly being played out in Bermuda court, it was revealed yesterday.

Wendell Hollis, a partner of law firm Cox Hallett Wilkinson, told that a writ filed in the Bermuda Supreme Court last week is tied to proceedings in other parts of the world, in an ongoing dispute between the Russian Standard Bank and Cetelem, a subsidiary of powerful French bank BNP Paribas.

But he said that the latest writ, which is just one of the actions taken, may be set aside because of recent developments.

The writ was taken out by Mr. Hollis and Melia Nouria Khmetova against British Virgin Island law firm Meade Malone, Cetelem S.A. and individuals Nadeem Sweiss, Philippe Olivier, Antoine Delaise, Thierry Maxime and Francis Soufflet.

Less than a month ago, Cetelem, a subsidiary of French bank BNP Paribas, said a July agreement to take up a 50 percent stake in the holding company controlling more than 90 percent of the Russian Standard Bank, had hit some snags.

"To date, some steps necessary for the execution of the agreement, which had to be taken by Cetelem's counterparts in the agreement and not by Cetelem itself, have still not been taken. This situation is affecting the successful execution of the deal and is creating uncertainty as to its completion," the company said in a Press statement.

Subsequently, the company said it was taking steps to protect its interests, including legal actions.

But yesterday Mr. Hollis revealed there were also legal actions from the other side, saying there have been proceedings in London, BVI and the battle for majority control of a Russian bank is partly being played out in Bermuda court.

Mr. Hollis said he and second plaintiff, Russia-based Ms Khmetova, were taking the legal action in Bermuda court as directors of the Bermuda company of Rust Trading Ltd., which is affiliated with the Russian Standard Bank.

Both Mr. Hollis and Ms Khmetova are named in the action as directors of Rust Trading, not in a personal capacity.

"It is somewhat up in the air as to if we proceed," he said, explaining that some of the reasons for the action have now fallen away.

Mr. Hollis said the latest action disputed the appointment of several directors to Rust Trading, after Meade Malone was appointed receiver of that company's shares.

However, the directors in question ? Antoine Delaise and Francis Soufflet ? have now resigned as directors, Mr. Hollis said.

In addition, Meade Malone has also withdrawn as counsel.

He said though that the action was not "null and void, but whether or not it goes ahead is in question".

Mr. Hollis concluded: "We are only playing a part in the bigger global affairs."