Apple appealed against the ban of the Moscow court to sue VK in the United States
Apple has asked the Arbitration court of Moscow to cancel the ban on the continuation of the proceedings with VK in a US court. The interim measures were introduced in October on the claim of VK, the American company is seeking consideration in California
The American company Apple Inc. filed with the Arbitration Court of Moscow an application to cancel interim measures on the claim of VK, follows from the card of the case. We are talking about a ban on continuing litigation with VK in a US court.
The application was filed in court on November 6. The defendants in the case are Apple Inc., Apple Distribution International Ltd. and the Russian LLC Apple Rus, the plaintiff is VK LLC.
The next meeting is scheduled for December 8 at 17:50. Earlier, the court corrected technical typos in the decision of October 27: the meeting was postponed, and not appointed to consider the case on the merits. The reason was the request of two defendants to leave the claim without consideration.
At the end of October, the Moscow Arbitration Court took interim measures on VK’s lawsuit against Apple and banned the American company, its subsidiaries, including Apple Distribution International and Apple Rus LLC, as well as their representatives, from continuing proceedings with VK in the Northern District Court of California. Apple was also ordered to take all necessary measures within seven days to terminate this process, including the withdrawal of the claim, before the Russian court decision comes into force.
The interim measures were taken at the request of VK LLC, which disputes the unilateral refusal of Apple from the contract. The Russian court pointed out that on October 20, Apple appealed to the American court with an anti-claim statement: the company demanded to recognize the validity of the clause of the license agreement on the choice of court and prohibit VK from conducting proceedings outside the Northern District of California. The next day, a US court granted Apple’s request for a temporary restraining order. The Russian court considered that Apple’s actions could violate VK’s interests and complicate the implementation of a future decision in the case.
The dispute between the companies began after Apple removed VK apps from the App Store in late June. The company explained this decision by the need to comply with sanctions rules. VK said that the holding is not under sanctions, and the applications were removed without warning.
In August, VK appealed to the Moscow Arbitration Court. The company demanded to return its applications to the App Store and restore the ability to receive notifications from them.
Apple’s developer license agreement provides that disputes with the company are considered under American law in the courts of the Northern District of California. For proceedings involving "European relations," the document specifies the courts of Ireland and the application of Irish law.
