CL-2022-000456 - [2025] EWHC 1938 (Comm)

Two of the Claimants’ witnesses were not required to attend for cross-examination. Mr Janis Valters described himself as “the Head of KYC and CDD [i.e., know your client and customer due diligence] for Europe at ECAG”. From the context, it is apparent that “Europe” meant the EU and Switzerland and did not include Russia. Mr Valters’ statement explained the systems EuroChem AG has in place to manage counterparties and payments to them. These systems ensure that payments cannot be made by EuroChem AG to Mr or Mrs Melnichenko. Mr Valters was subordinate to Mr Collishe, who was cross-examined.

The other witness whose evidence was not challenged was Mr Stephan Solzhenitsyn, who has been a member of the EuroChem AG board of directors since 20 December 2021, and Chairman since 9 January 2025. His statement referred to written commitments signed by him on 16 March and 9 June 2022 and confirmed that he has not entered into any agreement or other arrangement, legal or factual, that would allow Mr or Mrs Melnichenko to assert any influence over the conduct of EuroChem AG.